Corrada v. McDonald's Corp., No. 04-1029 (JAG) (DC PR Jan. 22, 2004) (case below 2004-SOX-7)

CIVIL NO. 04-1029 (JAG)

MARGARITA CORRADA,
    Plaintiff(s)

       v.

MC DONALD'S CORPORATION,
    Defendant(s)

_________________________________________

   Margarita Corrada ("Corrada") filed this complaint against McDonald's Corporation pursuant to the Sarbanes-Oxley Act, 18 U.S.C. § 1514A (the "Act"). (Docket No. 1). The Act provides whistleblower protection to employees of publicly traded companies. See 18 U.S.C. § 1514A(a). Furthermore,

[a] person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by--

    (A) filing a complaint with the Secretary of Labor; or

    (B) 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, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.

18 U.S.C. § 1514A(b)(1). The complaint before the Secretary must be filed no later than ninety (90) days after the violation occurs. See 18 U.S.C. § 1514A(b)(2)(D).

   According to the facts alleged in the complaint, Corrada timely filed her formal complaint before the Secretary on June 30, 2003, that is, within the ninety-day limitations period, which began to run on April 1, 2003, the day of her allegedly forced resignation. Furthermore, the one-hundred and eighty (180) day period has elapsed as of December 31, 2003, and the Secretary has yet to issue a decision on Corrada's administrative complaint. Corrada filed this complaint on January 16, 2004.

   By separate motion, on January 20, 2004, Corrada informed the Court that the Administrative Law Judge assigned to the case, Jeffrey Tureck ("ALJ Tureck"), has refused to stay all proceedings and motions currently pending in the Department of Labor after being informed of her filing in this Court. (Docket No. 2). In addition, Corrada requests that this Court stay all administrative proceedings and order the ALJ to paralyze any and all motions and proceedings pending in the Department of Labor. (Id.).

   The Court hereby GRANTS Corrada's motion to stay the administrative proceedings and accordingly,

   IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this Court has jurisdiction over Corrada's claims pursuant to the Act inasmuch as she timely filed an administrative complaint before the Secretary of Labor and the Secretary did not issue a decision on the aforementioned complaint before the one-hundred and eighty-day (180) period prescribed in the Act;

   IT IS FURTHER ORDERED that the Secretary of Labor and ALJ Tureck paralyze any and all proceedings and motions currently pending in the Department of Labor relating to the claims brought forth by Corrada in her complaint before this Court;

   IT IS FURTHER ORDERED that if the Secretary of Labor and ALJ Tureck can demonstrate that the delay in issuing a final decision is due to the bad faith of the claimant, they may show cause within ten (10) days from the receipt of this order why it should be vacated and the administrative proceedings reinstated.

   IT IS SO ORDERED.

   In San Juan, Puerto Rico, this 22nd day of January 2004.

      s/
      JAY A. GARCIA-GREGORY
      United States District Judge