Berna v. USF Dugan, Inc., 2003-STA-7 (ALJ June 13, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 13 June 2003

Case Number 2003-STA-7

In the Matter of:

Timothy J. Berna,
    Complainant

v.

USF Dugan, Inc.,
    Respondent

   The hearing in this matter is scheduled for June 17, 2003, in Atlanta, Georgia. On May 30, 2003, I issued an Order to Show Cause, directing that the Complainant, by close of business on June 6, 2003, show cause as to why his complaint should not be dismissed on grounds on abandonment. On Friday, June 6, 2003, the Complainant telephoned this Office and spoke with Ms. Brenda Williams, my legal technician, and indicated that he wished to withdraw his complaint. Ms. Williams advised the Complainant to put his request in writing. However, as of the date of this Order, no correspondence has been received from the Complainant.

   Accordingly, as the Complainant has not responded to the Respondent's discovery requests, and has further indicated that he does not intend to pursue his claim, IT IS HEREBY ORDERED that the hearing scheduled for June 17, 2003 is cancelled. IT IS FURTHER ORDERED that the Complainant's claim is hereby dismissed on grounds of abandonment.

SO ORDERED.

      LINDA S. CHAPMAN
      Administrative Law Judge