Erickson v. U.S. Environmental Protection Agency,, 1999-CAA-2 (ALJ Jan. 11, 2002)

U.S. Department of Labor

Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 (504) 589-6268 (FAX)

Issue date: 11Jan2002

CASE NO. 1999-CAA-2
    2001-CAA-8
    2001-CAA-13
    2002-CAA-3

IN THE MATTER OF

SHARYN ERICKSON,
    Complainant

    v.

INSPECTOR GENERAL, UNITED STATES
ENVIRONMENTAL PROTECTION
AGENCY,
    Respondent

   On January 7, 2002, Counsel for Respondent EPA filed a supplemental motion to compel discovery pursuant to 29 C.F.R. 18.21. On January 9, 2002, a conference call was held with the parties in regards to Respondent EPA's supplemental motion to compel. At issue in the motion was what procedure should be carried out by the parties for viewing and copying documents contained in 45 boxes located at the Complainant's residence.

   Pursuant to the January 9, 2002 conference call, following deadlines and procedures are hereby set:

1. Respondent EPA will pick up half of the 45 boxes from the Complainant's residence on the morning of January 14, 2002. The boxes will be transported by Respondent EPA to the EPA Atlanta offices at 61 Forsyth Street, S.W., Atlanta, Georgia 30303-8969, for review and copying of documents. At the conclusion of the day, the boxes shall be transferred back to the Respondent EPA's vehicle and sit overnight in Respondent EPA's garage located at 61 Forsyth Street, S.W. Respondent EPA's vehicle shall be locked in the method the manufacturer employed to lock said vehicle. Respondent EPA is not required to use a pad lock to lock the vehicle or have the car sit in sight of a security camera.

2. On the morning of January 15, 2002,Respondent EPA will transport the boxes back to the Complainant's residence. Respondent EPA will unload the boxes and load the remaining boxes for transport to the EPA Atlanta offices at 61 Forsyth Street, S.W., Atlanta, Georgia 30303-8969, for review and copying of documents. At the conclusion of the day, Respondent EPA shall load and transport the boxes in Respondent EPA's vehicle to Complainant's residence where they will be unloaded and placed in the same location as when they were picked up by Respondent EPA.

3. As an alternative since Complainant has expressed concerns regarding the security of said boxes sitting overnight in the Respondent EPA's garage, the Complainant can transport at her expense the boxes to and from Respondent EPA's Atlanta office.

4. Prehearing submissions are due on January 17, 2002.

5. The Complainant must submit information in support of compensatory damages on January 17, 2002. Any additional information obtained by the Complainant after January 17, 2002 and dated as such, must be received on or before January 29, 2002.

   Failure to comply with this Order may result in inferences adverse to Complainant's position, preclusion of evidence contrary to Respondent EPA's position, introduction of secondary evidence by Respondent EPA and/or striking of Complainant's pleadings, and entry of decision adverse to Complainant pursuant to 29 C.F.R. 18.6(2).

       CLEMENT J. KENNINGTON
       ADMINISTRATIVE LAW JUDGE