Chapman Heartland Express of Iowa, Inc., 2001-STA-35 (ALJ June 14, 2001)

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: 14Jun2001

Case No.: 2001-STA-35

In the Matter of

GENE K. CHAPMAN,
    Complainant

    against

HEARTLAND EXPRESS OF IOWA, INC.,
    Respondent.

   On June 12, 2001, Respondent, Heartland Express of Iowa, Inc., filed a Motion for Protective Order. Respondent requests an order preventing Complainant, Gene Chapman from attending the deposition of Heartland's representative, which are scheduled on June 18 and 19, 2001.

   Respondent alleges as grounds for such order that Mr. Chapman "may pose a physical danger to Heartland employees." Respondent's proof of said allegations is several letters which Complainant has written in recent months to Rich Meehan, SVP of Heartland Express as well as other letters written to President George W. Bush, Dr. Lee Roberson and Arun Gandhi, (copies of which were attached to Respondent's Motion).

   A telephone conference call was held with attorneys for both Complainant and Respondent at which both sides presented their positions. I find that the letters proved no basis for prohibiting Complainant from attending the deposition of Respondent's representatives on the ground that he would be a physical threat to said employee. Thus, said motion is DENIED.

   However, I do order all parties to cease and desist from any and all communication with opposing parties, either by writing, telephone, fax, e-mail or speech, except by and through their attorney of record. For example, Mr. Chapman while physically attending said deposition shall only be allowed to participate by discussing matters with his attorney.

   It is further ordered that no party, Complainant or Respondent shall contact this Court ex-parte.

   So ORDERED.

      RICHARD D. MILLS
      Administrative Law Judge