Finally, on August 11, 2008, Koeck's counsel filed a Motion to Withdraw the Law Firm of Bernabei & Wachtel, PLLC as Counsel for Complainant. In support of the Motion, counsel avers that as of August 9, 2008, Koeck has "terminated Bernabei & Wachtel as her counsel." Accordingly, we GRANT the Motion.
Conclusion
Because Koeck has exercised her right to remove her SOX case to district court pursuant to 29 C.F.R. § 1980.114, and G. E. has not established that the complainant has acted in bad faith to delay the proceedings, we DISMISS Koeck's SOX appeal.
[Page 5]
Furthermore in accordance with the FOIA and the Board's long-standing precedent, we DENY G. E.'s Motion for Protective Order to Seal the Proceedings.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
OLIVER M. TRANSUE
Administrative Appeals Judge
[ENDNOTES]
1 After Attorney Read briefed this case, Koeck terminated Bernabei & Wachtel as her counsel as of August 9, 2008. No substitution of counsel has been filed.
2 18 U.S.C.A. § 1514A (West 2002).
3 The Secretary of Labor has delegated to the Board her authority to issue final agency decisions under SOX. Secretary's Order No. 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002); 29 C.F.R. § 1980.110(a)(2006).
4 18 U.S.C.A. § 1514A(b)(1)(B); 29 C.F.R. § 1980.114. As is the usual case, by the time the Board received the petition for review, the 180-day period for deciding the case had already expired.
5 5 U.S.C.A. § 552 (West 1996).
6 See e.g., McDowell v. Doyon Drilling Servs., ARB No. 97-053, ALJ No. 1996-TSC-008 (ARB May, 19, 1997); Debose v. Carolina Power & Light Co., 1992-ERA-014, 1994 WL 897419 (Sec'y Feb. 7, 1994).
7 Debose, 1994 WL 897419 at 3 (citations omitted).
8 Respondent's Reply Memorandum of Law in Further Support of Motion for Protective Order to Seal the Proceedings at 2.
9 1994 WL 897419 at 2.
10 29 C.F.R. § 26(b) (2006).
11 Id. The regulations further provide that the designation request must be in writing and whenever possible, the submitter shall support the claim of confidentiality with a statement or certification by the submitter's officer or authorized representative that the identified information in question is, in fact, confidential commercial or financial information and that this information has not been disclosed to the public. Id. G. E. has not yet submitted such a request to the Board.
12 29 C.F.R. § 70.26(c)-(i).