Durakovic v. Dept. of Veterans Affairs, ARB No. 97-139, ALJ No. 1997-ERA-39 (ARB Sept. 5, 1997)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 97-139
ALJ CASE NO. 97-ERA-39
DATE: September 5, 1997

In the Matter of:

ASAF DURAKOVIC, M.D.,
    COMPLAINANT,

    v.

KETCHIKAN PULP COMPANY,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   On August 28, 1997, the Administrative Law Judge (ALJ) issued a Recommended Order Granting Motion to Dismiss (R. O.) in this matter arising under the Energy Reorganization Act, of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988 and Supp. IV 1992). A hearing was scheduled to be conducted on July 16, 1997. Complainant failed to appear at the time and place scheduled for hearing. Subsequently, Respondent filed a motion to dismiss on the grounds that "Complainant failed to attend [the hearing] without good cause. . . . and [failed to] prosecute his complaint under the Energy Reorganization Act." Complainant did not file a response to Respondent's Motion to Dismiss. Based on this procedural history, the ALJ issued his R. O.

   Complainant has fifteen days from the date of this order to show cause why this case should not be dismissed with prejudice by filing his response with the Administrative Review Board, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room S-4309, Washington, D.C., 20210. If Complainant files a response to this Order to Show Cause, Respondent may file a reply with the Board with 10 days of the date of Complainant's statement.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Gerald F. Krizan, Esq.
Executive Director

Telephone: (202) 219-4728
Facsimile: (202) 219-9315