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Shelton v. Oak Ridge National Laboratory, 95-CAA-19 (ARB Sept. 18, 1998)


U.S. Department of Labor
Administrative Review Board
200 Constitution Ave, NW
Washington, DC 20210

ARB CASE NO. 98-100
ALJ CASE NO. 95-CAA-19
DATE: September 18, 1998

In the Matter of:

BRENDA W. SHELTON,
    COMPLAINANT,

    v.

OAK RIDGE NATIONAL LABORATORY;
LOCKHEED MARTIN ENERGY SYSTEMS, INC.;
MARTIN MARIETTA CORPORATION;
MARTIN TECHNOLOGIES, INC.; LOCKHEED
MARTIN CORPORATION; UNITED STATES
DEPARTMENT OF ENERGY;
    RESPONDENTS.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER

   On April 2, 1998, the Board issued a Notice of Review in this case. The Notice required Complainant to file her brief on or before May 4, 1998. On June 22, 1998, the Board granted Complainant Brenda W. Shelton's request for an extension of time in which to file her initial brief and ordered Complainant to file her brief on or before July 22, 1998. On July 22, 1998, Complainant asked for a "stay," i.e., an extension of the briefing schedule. On August 26, 1998, the Board granted Complainant an extension of time until September 9, 1998, to file her brief. The Board emphasized that "we would look with great disfavor on any attempt by Complainant to further delay briefing.


[Page 2]

Therefore, any subsequent requests for extensions by Complainant will be denied." August 26, 1998 Order at 2. On the night of September 9, 1998, Complainant, by facsimile, requested a "short extension of thirty days" within which to file her brief.

   The request for a thirty day extension of time within which to file Complainant's brief is denied.1 Respondents may file reply briefs within 30 days of the date of this order. Complainant may file a rebuttal brief within 15 days of the filing of Respondents' briefs. All other provisions of the Board's order of April 2, 1998, shall continue to apply.

   SO ORDERED.

       PAUL GREENBERG
       Member

       CYNTHIA L. ATTWOOD
       Acting Member

[ENDNOTES]

1 The Board's order of April 2, 1998, required the Complainant to prepare an appendix of the record. In light of Complainant's failure to file a brief, we will dispense with an appendix in this case.



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