U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: August 24, 1998
Case Nos.: 98-ERA-40 and 98-ERA-42
In the Matters of
HARRY L. WILLIAMS
SHERRIE G. FARVER
Complainants
v.
LOCKHEED MARTIN ENERGY SYSTEMS, INC.
Respondent
NOTICE OF HEARING AND PRE-HEARING ORDER
This proceeding arises under Section 211 of the Energy Reorganization Act
of 1974, as amended, 42 U.S.C. 5851; Section 322(a)(1-3) of the Clean Air Act, 42 U.S.C. 7622;
Section 110(a) of the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. 9610; Section 507(a) of the Federal Water Pollution Control Act, 33 U.S.C. 1367;
Section 1450 (I)(1)(A-C) of the Safe Drinking Water Act, 42 U.S.C. 300j-9; 42 U.S.C. 9610;
Section 7001(a) of the Solid Waste Disposal Act, 42 U.S.C. 6971; and Section 23(a) of the Toxic
Substances Control Act, 15 U.S.C. 2622. On July 7, 1998, the Department of Labor determined
that the complaint was investigated and found to have no merit. A hearing has been requested by
the Complainants on the determination made by the Department of Labor.
IT IS ORDERED that a formal hearing on the merits in the above-
captioned proceeding will commence at 9:00 a.m. on Tuesday, November 17, 1998 at the
Howard H. Baker, Jr. Federal Court House, 800 Market Street, Knoxville, Tennessee. You will
be advised of a specific courtroom designation at a later date.
Procedurally, the hearing will be conducted based upon regulations
provided at 29 C.F.R. Part 18.
[Page 2]
To the extent that the following materials have not previously been
submitted and in the interest of expediting the hearing and insuring a prompt disposition of
this matter, IT IS FURTHER ORDERED that the parties shall take the following action:
1. PREHEARING EXCHANGE. At least 10 workdays prior to
the hearing the parties shall submit to the Administrative Law Judge and exchange by mail a
prehearing submission containing the following information:
(a) A brief statement of each issue and
the parties' position with regard thereto, including the citation of all relevant statutes, regulations,
and case law.
1 Each party bears the responsibility
and financial burden of having available an interpreter if that is necessary in order for testimony
of one of their witnesses to be made a part of the record.
2 Failure to comply with this
provision may result in exclusion of the testimony of witnesses not listed. Cf. Rule 16,
Federal Rules of Civil Procedure.
3 However, time limitations stated
in the Department of Labor, Rules of Practice and Procedure, 29 C.F.R. Part 18, will control.