Somerson v. Mail Contractors of America, 2002-STA-18 and 19 (ALJ Dec. 21, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

Issue date: 21Dec2001

CASE NOS.: 2002-STA-0018
    2002-STA-0019

In the Matter of:

DANIEL S. SOMERSON,
    Complainant

    v.

MAIL CONTRACTORS OF AMERICA,
    Respondent

   The above actions arise pursuant to § 31105 of the Surface Transportation Assistance Act of 1982, (hereinafter, "STAA" or the "Act") 49 U.S.C. 31101, et seq., and the regulations promulgated thereunder at 29 C.F.R. Part 1978, and the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges at 20 C.F.R. Part 18.

   Pending issuance of a notice of hearing, it is, hereby, Ordered that:

1. All parties are hereby notified that a formal hearing will be scheduled in Jacksonville, Florida as soon as courtroom space can be reserved, between January 28, 2002 and March 8, 2002;¹

2. In scheduling this matter, 2 days will be set aside for trial;

3. All further correspondence, motions or other pleadings shall be submitted in writing to the undersigned, and shall be served by U.S. mail, with an attestation that copies have been served on all parties by U.S. mail; the attestation must be in the form of the service sheet attached to this order, and all parties listed on the service sheet must be served in the same manner;

4. Pursuant to 29 C.F.R. § 1978.106(d), the Complainant is ordered to file a pre-hearing statement of position, which shall briefly set forth the issues involved in the proceeding and the remedy requested, within 3 days of the receipt of this order; such pre-hearing statement shall be served upon all parties and this office by certified mail with an attested service sheet;

5. Pursuant to 29 C.F.R. § 1978.106(d), the Respondent is ordered to file a pre-hearing statement of position within 3 days of receipt of the Complainant's pre-hearing statement; such pre-hearing statement shall be served upon all parties and this office by certified mail with an attested service sheet;

6. Pursuant to 29 C.F.R. § 18.3(f) documents may not be submitted by facsimile machine;²

7. Subpoena applications shall be made in writing pursuant to 29 C.F.R. § 18.24 and pursuant to instructions and form contained on the internet at the following web site: <http://www.oalj.dol.gov/subpoenas.htm>;³

8. The parties are strongly encouraged to seek the advice of an attorney, and in the event that either party will be represented by counsel at the hearing, Counsel shall file a notice of appearance in accordance with 29 C.F.R. § 18.34(b); and

9. All parties shall be allowed a reasonable time at the hearing to present oral argument; briefs may aslo be presented at the time of the hearing; post-hearing briefs will not be permitted unless a request to submit briefs is granted on the record at the hearing.

¹ It is noted that 29 C.F.R. § 1978.106(b) provides that the formal hearing must be scheduled within 30 days of the objections to the Secretary's preliminary findings. Good cause is hereby found for scheduling this matter after the 30 day period, in view of the holiday season, and the prior trial schedule of this Judge.

² The rules of practice before the Office of Administrative Law Judges at 29 C.F.R. § 18.3(f) provides that facsimile submissions are only permissible where explicitly authorized by statute or regulation. Submissions by facsimile are not authorized Act or the regulations at 29 C.F.R. Part 1978. It is noted that the Complainant in this case has already submitted documents by facsimile machine and those documents will be considered. Copies of the facsimiles previously received from the Complainant and all other documents currently contained in the formal file are attached to this order for service upon all parties. Further submissions by facsimile from any party may be returned to the sender without being considered.

³ It is also noted that some of the correspondence previously submitted by the Complainant contains requests for subpoenas. Subpoena applications must be completed for those requests on the subpoena form and mailed to this office for signature. Please note that an attested service sheet showing service of the subpoena application upon all parties must accompany the subpoena requests. It is suggested that the application should not be submitted until the actual trial date is set, which will be done as soon as courtroom space is reserved.