Frazer v. Fiduciary Trust Co. Int'l, 2003-SOX-28 (ALJ Dec. 30, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486-3800

Issue Date: 30 December 2003
CASE NO: 2003-SOX-00028

In the Matter of

GREGORY A. FRAZER
    Complainant

v.

FIDUCIARY TRUST COMPANY INTERNATIONAL
FRANKLIN RESOURCES, INC.
    Respondents

    Upon unopposed motion of Complainant under 18 U.S.C.1514A(b)(1)(B) to withdraw his complaint and pursue his claim in Federal District Court, there being no issuance of a final decision by the Secretary of Labor within 180 days of Complainant's May 23, 2003 filing of his complaint, and no showing that such delay is due to the bad faith of complainant, good cause appearing, it is hereby

    ORDERED, that this matter be and the same is DISMISSED and hearing scheduled for January 27, 2004 in New York is CANCELLED.

       RALPH A. ROMANO
       Administrative Law Judge

NOTICE OF APPEAL RIGHTS: This decision shall become the final order of the Secretary of Labor pursuant to 29 C.F.R.§1980.110, unless a petition for review is timely filed with the Administrative Review Board ("Board"), US Department of Labor, Room S-4309, 200 Constitution Avenue, NW, Washington DC 20210, and within 30 days of the filing of the petition, the ARB issues an order notifying the parties that the case has been accepted for review. The petition for review must specifically identify the findings, conclusions or orders to which exception is taken. Any exception not specifically urged ordinarily shall be deemed to have been waived by the parties. To be effective, a petition must be filed within ten business days of the date of the decision of the administrative law judge. The date of the postmark, facsimile transmittal, or e-mail communication will be considered to be the date of filing; if the petition is filed in person, by hand-delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. See C.F.R.§§1980.109(c) and 1980.110(a) and (b), as found OSHA, Procedures for the Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002; Interim Rule, 68 Fed. Reg. 31860 (May 29, 2003).