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

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