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Erickson v. U.S. Environmental Protection Agency,, 1999-CAA-2 (ALJ Feb. 6, 2002)


U.S. Department of LaborOffice of Administrative Law Judges
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111 Veterans Memorial Blvd
Metairie, LA 70005

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Issue date: 06Feb2002

CASE NOS.: 1999 - CAA - 2
    2001 - CAA - 8
    2001 - CAA - 13
    2002 - CAA - 3

IN THE MATTER OF

SHARYN ERICKSON,
    Complainant

    v.

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

AMENDED PRE-HEARING ORDER
   In view of the rescheduling of the Hearing in this matter from February 4, 2002 to February 25, 2002, I hereby make the following amended pre-hearing Order:

1. The parties shall pre-mark and exchange exhibits no later than February 15, 2002. Exhibits should be tabbed and marked as follows: Complainant - "CX No. _____, page ____ of _____ pages," Respondent EPA - "EPA No. _____, page _____ of _____ pages," Respondent EPA OIG - "OIG No. _____, page _____ of _____ pages."

2. Exhibits are to be offered during the hearing. Documents submitted prior to the hearing are not considered part of the hearing record unless reintroduced at hearing. See 29 C.F.R. § 18.52 (2001). Do not send copies to the Court before the hearing. Exhibits shall not be submitted in loose-leaf notebook binders. Rather, exhibits shall be bound in spiral notebook binders such as GBC or Comb 19 hole binding.


[Page 2]

3. The Pre-Hearing exchange shall include an index of all exhibits the party expects to introduce as evidence indicating the contents of the exhibit.

4. The parties shall exchange the name and address of each witness the party proposes to call with a short summary of the witness' expected testimony.1

   Failure to comply with this Order may result in dismissal of a claim or defense pursuant to 29 C.F.R. § 24.6(e)(4) (2001), or may result in sanctions imposed pursuant to 29 C.F.R. § 18.6(d)(2)(i-v) (2001).

       CLEMENT J. KENNINGTON
       Administrative Law Judge

[ENDNOTES]

1 Failure to comply with this provision may result in exclusion of the testimony of witnesses not listed. See Fed. R. Civ. P. 16 (2001).



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