HILDA L. SOLIS, Secretary of Labor, United States Department of Labor v. BEST MIRACLE CORPORATION, A California Corporation

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor,
Plaintiff - Appellee,
v.
BEST MIRACLE CORPORATION, A
California Corporation; THUY THI LE,
Individually and as Managing Agent of the
Corporate Defendant; TOAN VAN
NGUYEN, Individually and as Managing
Agent of the Corporate Defendant,
Defendants - Appellants.
No. 10-56146
D.C. No. 8:08-cv-00998-CJC-
MLG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Submitted December 5, 2011**
Pasadena, California
Before: D.W. NELSON, GOULD, and IKUTA, Circuit Judges.
FILED
DEC 30 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2
Best Miracle Corporation, Thuy Thi Le (“Le”), and Toan Van Nguyen
(collectively, “Best Miracle”) appeal the district court’s judgment concluding that
they willfully violated the Fair Labor Standards Act (“FLSA”). Specifically, they
argue the district court abused its discretion during the bench trial by admitting an
exhibit as an adoptive admission by Le.
We need not decide whether the district court erred. Even if the admission
of the exhibit was erroneous, it would be harmless error. The record contains
overwhelming independent evidence that Best Miracle willfully violated the FLSA.
Therefore, it is more probable than not that the district court would have reached
the same verdict even if the exhibit had been excluded. See Obrey v. Johnson, 400
F.3d 691, 701 (9th Cir. 2005).
AFFIRMED.

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