Somerson v. Mail Contractors of America, Inc., 2002-STA-44 (ALJ Oct. 8, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 08 October 2002
CASE NO: 2002-STA-44

In the Matter of:

DANIEL S. SOMERSON,
   Complainant,

    v.

MAIL CONTRACTORS OF AMERICA, INC.,
   Respondent.

   Complainant has filed a request that this tribunal reconsider its order issued September 27, 2002, denying his request that a subpoena issue for documents in possession of a specified FBI agent. In support of his request for reconsideration Complainant asserts that he reasonably believes that Respondent's animus is probably expressed in the documents alleged to relate to a criminal case against him now closed. He recites his belief that the documents contain "inculpatory evidence of Respondent's animus, prejudice and desire to deceive the FBI about Mr. Somerson's intentions." Complainant asserts that Respondent has tried to prejudice the court with pejorative mention of the Respondent's FBI statements. He further asserts without specificity that the subpoena is necessary "to complete the record and assure that potential impeachment and substantive evidence is obtained and safeguarded in real time...."

   Given the tenor of the parties' proof in nearly a week of hearing, the lack of definition in the request or persuasive showing of need or relevance, the clear need to define and to limit reasonably the scope of proof at the trial, and the advanced stage of the proceedings, this tribunal concludes that the prior denial Complainant's request for issuance of the subpoena should be ratified and affirmed. Neither the original request nor the request for reconsideration shows that any documents which might be disclosed would be other than immaterial, or likely to introduce collateral issues or otherwise cause confusion of issues or undue delay or waste of time within the contemplation of 20 CFR §18.403. In the context of this proceeding, it is probable that any resulting proof would in effect be cumulative. At present this tribunal is wholly unaffected by such general and immaterial references to the FBI as have been made, however motivated. Wherefore, it is

   ORDERED that Complainant's request for reconsideration of the denial of issuance of the subpoena directed to the FBI be denied.

      EDWARD TERHUNE MILLER
      Administrative Law Judge

Washington, D.C.