Erickson v. U.S. Environmental Protection Agency,, 1999-CAA-2 (ALJ Feb. 14, 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: 14Feb2002

CASE NUMBER: 1999 - CAA - 2
    2001 - CAA - 8
    2001 - CAA - 13
    2002 - CAA - 3

IN THE MATTER OF

SHARYN A. ERICKSON,
    Complainant

       v.

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION IV, ATLANTA, GEORGIA,
KAROL SMITH & EPA INSPECTOR GENERAL,
    Respondents

    In light of the Amended Pre-Hearing Order, dated February 6, 2002, Complainant's Motions for Rescheduling Response to Trial and Summary Judgment, for Adverse Inferences, Preclusion Order and Sanctions Against EPA Atlanta are DENIED.

   Complainant's Motion to Vacate Dicta for Zealous Advocacy is without merit and is DENIED.

   Complainant's Motion to Reconsider Refusal to Disqualify EPA Counsel Under Lawyer-Witness Rule is DENIED for the reasons stated in the Court's January 24, 2002 Order. Neither Ms. Harris nor Ms. Bell are advocating for the EPA at hearing and I find an insufficient basis to impute disqualification to Ms. Smith and the EPA legal department.

       CLEMENT J. KENNINGTON
       Administrative Law Judge