Ortega v. Pilgrim's Pride Corp., 2004-SOX-44 and 45 (ALJ May 20, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

Issue Date: 20 May 2004

CASE NO.: 04-SOX-00044
    04-SOX-00045

In the Matter of:

MARIA ORTEGA, Complainant

    and

SCARLET REYNA, Complainant,

    v.

PILGRIM'S PRIDE CORPORATION,
SUCCESSOR-IN-INTEREST TO CONAGRA FOODS, INC., Respondent

   These matters arise under § 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. §1514A ("Sarbanes-Oxley Act" or "Act"). The Act further provides that the complainant may file a complaint in the United States District Court, if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant. See, §1514A(b)(1)(B).

    On April 30, 2004, Counsel for the Complainants issued a 15 day Notice of Election to Proceed, pursuant to 29 C.F.R. § 1980.114, in the United States District Court, Middle District of Georgia, Athens Division.

    Accordingly, it is Ordered that the complaints filed herein are dismissed without prejudice.

       RICHARD E. HUDDLESTON
       Administrative Law Judge