Sabin Yellow Freight Systems, 2001-STA-48 (ALJ Oct. 15, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue date: 15Oct2001

Case No.: 2001-STA-0048

In the Matter of:

BRYCE PAUL SABIN,
    Complainant

    v.

YELLOW FREIGHT SYSTEMS,
    Respondent

   This case is scheduled for formal hearing to commence on December 5, 2001, in Chicago, Illinois, pursuant to Notice of Hearing issued on July 12, 2001, and Order rescheduling hearing issued on August 8, 2001. On September 24, 2001, the Complainant, Bryce Paul Sabin, filed, by facsimile, Complainant's Motion to Withdraw My Objections To The Findings. In his Motion, the Complainant stated simply "I, Bryce Paul Sabin, regretfully withdraw my objections to the findings." Because the purpose of the Motion was unclear, an Order was issued on October 1, 2001, stating:

    Upon consideration of the Motion of the Complainant and his intentions being unclear, it is therefore,

    ORDERED that the Complainant's Motion To Withdraw My Objections To The Findings is hereby DENIED. The case remains scheduled for formal hearing in Chicago, Illinois, on December 5, 2001.

   On October 10, 2001, the Complainant filed a second motion titled Complainant's Motion To Withdraw My Objections To The Findings in which he states:

I, Bryce Paul Sabin, regretfully withdraw my objections to the findings of 4/10/01 by Kathy O'Connell for Gary J. Anderson (Area Director) Ex 1. The findings that I objected to were from Section 31105, Case No. 5-1260-01-508. I objected to these findings in my letter to Beverly Queen (Chief Docket Clerk) of 5/8/01 Ex 2.

Attached to the Motion as EX 1 and 2 are a copy of the Secretary's Findings and a copy of the Complainant's letter objecting to the findings dated May 8, 2001. Mr. Sabin has clearly stated his intentions and his Motion will be granted. Twenty-nine C.F.R. § 1978.111(c) provides that a party may withdraw his objections to the findings by filing a written withdrawal with the Administrative Law Judge. The Judge shall affirm any portion of the findings with respect to which the objection was withdrawn.

   It is, therefore,

   ORDERED that the request of the Complainant, Bryce Paul Sabin, to withdraw his objections to the Secretary's Findings in Case No. 5-1260-01-508 is GRANTED. The Secretary's Findings are hereby affirmed. This case is hereby DISMISSED and the hearing scheduled to commence on December 5, 2001, in Chicago, Illinois, is CANCELED.

       ROBERT L. HILLYARD
       Administrative Law Judge