Somerson v. Mail Contractors of America, Inc., 2002-STA-44 (ALJ Nov. 15, 2002)

U.S. Department of Labor

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

Issue Date: 15 November 2002
CASE NO: 2002-STA-44

In the Matter of:

DANIEL S. SOMERSON,
    Complainant,

    v.

MAIL CONTRACTORS OF AMERICA, INC.,
    Respondent.

   By submission dated November 14, 2002, Complainant has requested an extension of time within which to respond to the Order To Show Cause issued on November 14, 2002, which was returnable on November 18, 2002. The stated basis for the request is that Complainant's "[c]ounsel is ill, suffering from flu and fever in addition to arthritis." The request itself includes extensive recitations, and includes two attachments, the first reflecting a recent but earlier complaint, and the second reflecting a new complaint of even date against the Respondent, and purporting to name Respondent's counsel as additional respondents to the complaint. On the basis of counsel's representation of illness, however, and with reference to the time allowed for responses to motions in 29 CFR §18.6(b), an extension of fifteen calendar days is denied, but the time for response is extended to ten days, so that the return date for the order to show cause shall be the close of business Monday, November 25, 2002. Proceedings in the instant case shall be suspended until expiration of the extension for filing or actual filing of the response to the order to show cause, whichever is earlier.

So ordered.

       EDWARD TERHUNE MILLER
       Administrative Law Judge