Carnero v. Boston Scientific Corp., 2004-SOX-18 (ALJ Jan. 13, 2004)

U.S. Department of Labor

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

Issue Date: 13 January 2004

Case No. 2004-SOX-18

In The Matter of:

RUBEN CARNERO,
    Complainant,

    v.

BOSTON SCIENTIFIC CORPORATION,
    Respondent.

   Ruben Carnero filed with this office under cover of a letter dated December 16, 2003 a Notice Of Intention To File Action At Law Or Equity For De Novo Review in the matter of Ruben Carnero v. Boston Scientific Corporation. The docket clerk mistakenly docketed the notice at Office of Administrative Law Judge docket number 2004-SOX-18 as an appeal from an Occupational Safety and Health Administration, U.S. Department of Labor determination under the employee protection provisions of the Corporate and Criminal Fraud Accountability Act, 18 U.S.C. § 1514A.

   A telephone conference was held on January 9, 2004 with counsel for Ruben Carnero and counsel for Boston Scientific Corporation. During the conference call, counsel for Ruben Carnero explained that Ruben Carnero's filing with this office was not an appeal but rather a notice of his intent to file an action before U. S. District Court as permitted by the Act because the Department of Labor had failed to issue a final determination within 180 days after the filing of the complaint with OSHA. See 29 C.F.R. § 1980.114.

   Accordingly, as no action has been taken in this matter to provide this Office of Administrative Law Judges with jurisdiction the docket will be marked as closed and discontinued.

      Thomas M. Burke
      Associate Chief Administrative Law Judge