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USDOL/OALJ Reporter Office of Administrative Law Judges
DATE: August 28, 1997
IN THE MATTER OF:
Kenneth Land
v.
Consolidated Freightways
A formal hearing in the above-captioned matter was held on November 13, 1991 before Administrative Law Judge Martin J. Dolan, Jr. Judge Dolan issued his Decision and Order Dismissing Complaint on January 21, 1992, which decision was clarified on May 18, 1992. The Secretary issued an Order of Remand on May 6, 1992 and denied Respondent's Motion for Reconsideration by Order dated April 3, 1995. By letter dated October 28, 1996, Complainant requested a delay in his Surface Transportation Act (hereinafter STA) hearing until after the Massachusetts Commission Against Discrimination (hereinafter MCAD) issues its decision on the state claim. The state hearing was completed on September 19, 1996. In response to this Court's Order dated October 17, 1996 and this Office's June 30, 1997 telephone request for a status report, Attorney Kingston replied by letters dated October 23, 1996 and July 1, 1997. These letters basically requested a further delay in this proceeding based upon the anticipated state decision. This Judge has been most lenient in honoring the parties' request. It has become evident, however, that it could be quite some time before the MCAD issues its decision. [Page 2] Accordingly, the parties are hereby ORDERED to submit a report on the status of the MCAD proceeding. In addition, the Complainant should inform this Court as to (1) whether or not he has obtained the services of an attorney, and (2) the reason(s) that he requests a delay in this STA proceeding. In this regard, each party shall indicate whether or not the MCAD decision will fully resolve the issues in this pending matter and whether or not each side agrees to abide by the decision of the MCAD, irrespective of whatever decision the MCAD issues. Finally, the parties are hereby ORDERED to submit written waiver of all applicable time constraints provided in the applicable statute if it is their intention to continue to request a further delay in this remand proceeding.
DAVID W. DI NARDI
Boston, Massachusetts
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