Kirkpatrick v. Action Steel Supply, Inc., 2001-STA-60 (ALJ Jan. 10, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue date: 10Jan2002
Case No.: 2001-STA-60

In the Matter of:

WILLIAM KIRKPATRICK
    Complainant

v.

ACTION STEEL SUPPLY, INC.
    Respondent

BEFORE: Rudolf L. Jansen
    Administrative Law Judge

   This case is presently scheduled to be called for hearing on January 15, 2002. I was notified on January 9, 2002 that the Respondent has now filed for voluntary bankruptcy. The particulars concerning that filing have not been provided. Because of the apparent bankruptcy filing, the automatic stay provisions of the Bankruptcy Act may apply. 11 U.S.C. § 362(a)(1); Torres v. Transcon Freight Lines, Case No. 90-STA-90, Sec. Ord., January 30, 1991.

   In view of the above, IT IS ORDERED that the formal hearing on the merits of the complaint in this case is hereby postponed from the scheduled January 15, 2002 hearing date. However, the case will be called on January 15 as scheduled in order to document the current status of the matter. The directives contained within the Notice of Hearing and Pre-hearing Order issued on October 9, 2001 are hereby suspended pending a resolution of the bankruptcy matter. Counsel of record for both parties are directed to appear on January 15 as scheduled but the presence of the parties will not be necessary.

   In conjunction with the January 15 proceeding, IT IS ORDERED that counsel will be prepared to present to the undersigned the following documents or data:

1. A copy of the bankruptcy petition noting the date of its filing;

2. Any formal bankruptcy proceeding documents indicating the current status of that matter;

3. Mailing receipts or file-stamped copies of documents noting the filing date of the complaint in this proceeding;

4. Any documents indicating whether the Assistant Secretary of Labor for Occupational Health and Safety has intervened or has expressed any interest in intervening in the prosecution of the complaint in this proceeding;

5. The state of incorporation of Action Steel Supply, Inc., and

6. The state in which the bankruptcy filing has taken place and citation to any applicable cases indicating the Federal Circuit case law applicable to the stay provisions of the Bankruptcy Act and any pending administrative matters.

   Each of these items will be discussed on the record on January 15.

      Rudolf L. Jansen
      Administrative Law Judge