Kruml v. Patriot Express, 2002-STA-7 (ALJ Oct. 30, 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: 20Oct2002

Case No. 2002-STA-7

In the Matter of :

JAMES P. KRUML,
    Complainant

    v.

PATRIOT EXPRESS,
    Respondent.

   On December 3, 2001, the undersigned issued a Prehearing Order to the parties advising them to respond within 20 days of that order with agreeable hearing dates and an estimated number of days required for a hearing in this matter. After receiving no response from the Complainant nor Respondent, the undersigned issued a letter dated January 7, 2002, to both parties again requesting a response to the prehearing order. After receiving responses from both parties, the undersigned issued an order granting Respondent’s letter/motion to stay present proceedings for 60 days, and also set up discovery and hearing dates as well. On March 27, 2002, the undersigned issued a Notice of Hearing setting the hearing for April 30, 2002, but on April 26, 2002, issued an Order Staying Proceeding due to Respondent’s state of bankruptcy. On May 3, 2002, the undersigned issued an Order Cancelling the Hearing and Remanding Matter to the District Director. On May 10, 2002, Assistant Secretary filed a Motion for Reconsideration of Remand Order. After issuing an order granting the Assistant Secretary’s motion, a Notice of Hearing was issued by the undersigned scheduling the hearing for October 2, 2002.

   An Amended Order and Postponement of Hearing was issued by the undersigned on August 23, 2002, directing the parties to respond, with various due dates, and directing the parties to set forth the evidence concerning their respective positions on the relationship of Liberty Transport to Patriot Express. On August 29, 2002, the Agent for the Assignee for creditors D.C.A. Financial Group, authorizing on behalf of Respondent Patriot Express, filed a letter explaining the lack of relationship other than the sale. Complainant failed to answer within the time period provided, to this order. A response was received from the Respondent, but the Complainant failed to respond to this order. Therefore,

   IT IS ORDERED that the matter is hereby dismissed without prejudice, for the failure to comply with an order of the Administrative Law Judge and to prosecute his case.

       THOMAS F. PHALEN, JR.
       Administrative Law Judge

   This Recommended Decision and Order and the administrative file in this matter will be forwarded for review by the Administrative Review Board, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. See 29 C.F.R. Section 1978.109(a); 61 Fed. Reg. 19978 (1996).