September 25, 2008 DOL Home > OALJ Home > Whistleblower Collection |
USDOL/OALJ Reporter Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 Date: December 31, 1997 Case No.: 95-CAA-00009 In the Matter of:
J.D. MAYTON
v.
MARTIN MARIETTA ENERGY SYSTEMS, INC.;
RECOMMENDING SUMMARY DISPOSITION Through counsel, the Respondent filed a Motion for Summary Judgment on February 1, 1997. Having received no substantive response from the Plaintiff, I issued an Order Directing Response to Motion for Summary Judgment on September 22, 1997. An enlargement of the time to respond until December 5, 1997, was granted in a subsequent Order. As of the issuance date of this Order, the Plaintiff has still not responded. The facts stated in the Respondent's Motion for Summary Judgment and Brief in Support stand unrefuted. 29 C.F.R. §18.6 d)(2). No genuine issue of material fact remains to be decided in this matter, 29 C.F.R. §§18.40, 18.41, and summary disposition is appropriate as a matter of law. Therefore, I recommend that the Administrative Review Board, on behalf of the Secretary of Labor, grant the Respondent's Motion for Summary Judgment and dismiss this action with prejudice.
J. MICHAEL O'NEILL
|
||||||||
|