Alex Vyalkov and Julius Engel v. United Guard Services of America, Michael Burke et al

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX VYALKOV and JULIUS ENGEL, No. 2:25-cv-02478 DAD AC PS 12 Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 UNITED GUARD SERVICES OF AMERICA, MICHAEL BURKE et al, 15 Defendants. 16 17 Pending before the undersigned is plaintiffs’ motion for a preliminary injunction (ECF 18 No. 2). Based on the analysis below, the undersigned recommends that plaintiffs’ motion be 19 DENIED. 20 I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND 21 On August 29, 2025, plaintiffs Alex A. Vyalkov and Julius M. Engel filed their complaint 22 against defendants United Guard Services of America (“UGS”), Michael Burke, Kyle Sprague, 23 Kristopher Jimenez, and Paragon Systems Inc. (“Paragon”). ECF No. 1. The complaint alleges 24 that plaintiffs were terminated from their employment with Paragon, without any due process or 25 progressive discipline per their Collective Bargaining Agreement (“CBA”), following a July 2025 26 altercation with a naked homeless man. Id. at ¶¶ 10–11, 16-17. Plaintiffs’…