In the Matter of: CASE NUMBER: 94-ERA-45
JAMES RHYNE, DATE ISSUED: November 1, 1994
Complainant,
v.
BRAND UTILITY SERVICES, Inc.
and
VECTRA SERVICES, Inc.
and
ENTERGY OPERATIONS, Inc.
Respondents.
DECISION AND ORDER GRANTING
COMPLAINANT'S MOTION TO CONSOLIDATE
On October 27, 1994, Administrative Law Judge Nicodemo
DeGregorio issued a Notice of Hearing and Prehearing Order
setting the hearing date in the above captioned matter for
November 15, 1994, and setting a discovery schedule. On October
31, 1994, Complainant filed a Motion to Consolidate with this
office by facsimile. For grounds, Complainant states that the
issues to be decided by the Department of Labor and the parties
to the proceeding docketed as 94-ERA-45 are identical to a pre-
existing case which is currently pending before Administrative
Law Judge Steven E. Halpern and docketed as 94-ERA-33.
Complainant argues that Case No. 94-ERA-45 should be
consolidated with 94-ERA-33 and assigned to Judge Halpern for the
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hearing. In support of his motion, Complainant states that since
September 1994 the parties have been actively litigating 94-ERA-
33, whereas no pre-trial hearings or motions have been filed
regarding 94-ERA-45. Furthermore, Complainant states that a
hearing has been scheduled for 94-ERA-33 for November 21-23, 1994
with the consent of all the parties.
As there is no objection, Complainant's Motion to
Consolidate 94-ERA-45 and 94-ERA-33 is granted, and the Notice of
Hearing and Prehearing Order dated October 27, 1994 for case
number 94-ERA-45 is vacated.
ORDER
1- Case number 94-ERA-45 is hereby consolidated with case
number 94-ERA-33.
2- The consolidated matter shall be transferred to Judge
Steven E. Halpern for further proceedings.
3- Judge Nicodemo DeGregorio's Notice of Hearing and
Prehearing Order dated October 27, 1994 for case number 94-ERA-45
is hereby vacated.
______________________________
NAHUM LITT
Chief Administrative Law Judge