also filing with the Clerk's office. There are two particular provisions --
"THE COURT: Why didn't you file this with the Clerk's office?
"MR. ROSSIELLO: Because this is an emergency.
"THE COURT: Well, why didn't you file it with the Clerk?
"MR. ROSSIELLO: Because the Clerk's -- because the 20th Floor closes at 4:30.
"THE COURT: And what time did you arrive there?
"MR. ROSSIELLO: About five after 5:00.
"THE COURT: You knew that, didn't you?
"MR. ROSSIELLO: Excuse me?
"THE COURT: You knew the Clerk's office closed at 4:30.
"MR. ROSSIELLO: That's true, I do.
"THE COURT: Did you go then the next morning and file the document?
"MR. ROSSIELLO: It would have been too late. They would have never brought it up here on time.
"THE COURT: So, you didn't -- you didn't go to the Clerk's office and file it?
"MR. ROSSIELLO: That's -- I did not. That's true.
"THE COURT: So, what did you do with this --
"MR. ROSSIELLO: All right, I followed 28 U.S.C. Section --
"THE COURT: What did you specifically do with this piece of paper that I have before me?
"MR. ROSSIELLO: What I did with that piece of paper, I brought it -- I treated it as an emergency, and I brought it directly to your Honor's minute clerk's office.
"THE COURT: How did you do that?
"MR. ROSSIELLO: I left it under his door at about five after 5:00, ten after 5:00 last night.
"THE COURT: That's what you did?
"MR. ROSSIELLO: Yes, that's right.
"THE COURT: And you expected this matter to be heard this morning?
"MR. ROSSIELLO: As an emergency at the Court's convenience.
"THE COURT: So, it never has been filed?
"MR. ROSSIELLO: It hasn't been filed.
"THE COURT: And it still hasn't been filed.
"MR. ROSSIELLO: If your Honor wants to give it back to me, I can do that, but I --
"THE COURT: Here it is.
"MR. ROSSIELLO: I think, your Honor -- I think you're making a mistake.
"THE COURT: File the document. Go to the Clerk's office and file it.
"MR. ROSSIELLO: May I come right back with it?
"THE COURT: Yes.
"MR. ROSSIELLO: All right, thank you very much.
"THE COURT: I don't know if you'll be heard on it, but you can come back --
"MR. ROSSIELLO: All right, thank you.
"THE COURT: -- after it's filed.
"MR. ROSSIELLO: All right, in the meantime, just --
"THE COURT: Carry out my instruction.
"MR. ROSSIELLO: Yes, I'll be right back.
(Whereupon, Mr. Rossiello exited the courtroom; having returned at 1:55 o'clock p.m., the following further proceedings were had herein:)
"THE CLERK: 88 C 6965, Alfonso Avitia vs. The Metropolitan Club of Chicago, Inc.
"MR. ROSSIELLO: Your Honor, I want to state that I have not made it a habit in the past nor have I -- do I intend in the future to engage in this practice. I am well aware of the rules. I know it's an inconvenience to the Court to have papers -- and it's also an inconvenience to the Clerk's office to have these papers all over the place and not properly docketed. However, because of some happenings late yesterday afternoon, this is an emergency, and I would like to address it very briefly.
"THE COURT: Well, first, counsel, will you identify yourself for the record.
"MR. FISHER: Andrew Fisher for the defendant, The Metropolitan Club of Chicago, your Honor.
"THE COURT: So, you were given notice, I assume, by telephone from Mr. Rossiello of this, is that right?
"MR. FISHER: That's not correct. We received this motion last evening. The certificate of service indicates that it was served at 5:00 o'clock. I'm not sure what time it arrived at our office, but it did arrive last evening.
"THE COURT: By a delivery service?
"MR. FISHER: I believe so.
"MR. ROSSIELLO: Yes, by hand, we had it delivered.
"THE COURT: Okay. Now, are you prepared to respond to this motion?
"MR. FISHER: No, your Honor. We would like an opportunity to respond in writing to the motion.
"THE COURT: Now, the motion is styled, Exceptions To The Magistrate's Recommendation To Refuse To Set A Hearing On The Motion For Preliminary Injunction And Supplemental Motion For Injunctive Relief Pursuant To Title 29 U.S.C. Section 215(a)(3). The report and recommendation of Magistrate James T. Balog is before the Court, and Magistrate Balog concludes by saying:
'Neither the statute or case law have changed since the previous rulings of this Court. Thus, it is recommended that the plaintiffs' third application for preliminary injunction filed March 31, 1989 be denied as frivolous.'
And the ruling of Magistrate Balog rests substantially on the case of Barrentine vs. Arkansas-Best Freight Systems, Inc., 750 F.2d at 51 (8th Circuit, 1984), cert. denied, and there is a substantial quote from that case, entitled 'Injunctive Relief,' and in part, the Court in Barrentine said:
'Courts are in agreement that under this scheme, an employee's action can be maintained only to recover back wages and liquidated damages, and not to obtain injunctive relief against future violations. Only the secretary is vested with the authority to seek an injunction. Although the injunction in the present case is limited, applying only to the individual employees involved in the suit, and is ancillary to an award of money damages, we do not believe it is authorized under the comprehensive statutory enforcement scheme.