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| October 4, 2008 DOL Home > OALJ Home > Whistleblower Collection |
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USDOL/OALJ Reporter In re Daniel S. Somerson, No. 3:02-cv-121-J-20-TEM (D.C. M.D. Fla. Apr. 8, 2002) (unpublished) (case below 2002-STA-18 and 19)
MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION IN RE:
COMES NOW the parties to Consent to the entry of the following terms as an Order of this Court regarding the circumstances giving rise to this action. This action was commenced with the filing of the Order Certifying Facts of the United States District Court for the Middle District of Florida by Richard E. Huddleston, Administrative Law Judge, U.S. Department of Labor, pursuant to 29 C.F.R. § 18.29(b). Thereafter, this cause came to be heard before this Court on February 27, 2002 pursuant to the Order to Show Cause entered on February 14, 2002. Having been duly advised in the premises and based on the consent of the parties, the Court now finds that: Daniel S. Somerson has engaged in unacceptable conduct in connection with certain communications with the Office of Administrative Law Judges, U.S. Department of Labor, with Administrative Law Judge Huddleston and his staff, and has acted in non-compliance with certain orders and directives associated with proceedings conducted under the authority of the Office of Administrative Law Judges, U.S. Department of Labor. Specifically, Daniel S. Sornerson did [Slip op. 2]
1. Present for filing certain papers via facsimile instead of by U.S. Mail in violation of Administrative Law Judge Huddleston's prehearing orders and directives prohibiting the filing of said papers by facsimile, Accordingly, based on the foregoing findings and the further consent of the parties, it is hereby ORDERED 1. That Daniel Somerson shall conduct himself within the bounds of appropriate respect and decorum, albeit with allowance for appropriate zeal and vigor, during any proceedings, and any matters related thereto, held under the authority of the Office of Administrative Law Judges, U.S. Department of Labor, and regarding any other official purpose with any person or organization of the Office of Administrative Law Judges, U.S. Department of Labor, wherein Daniel S. Somerson is a party, a representative, a witness or other participant, [Slip op. 3]
3. That this Court shall retain jurisdiction to enforce any violation by Daniel S. Somerson of this Consent Order and to impose any such sanction as may be provided for by law. The following hereby CONSENT to and AGREE to the foregoing terms as an Order of this Court regarding the circumstances giving rise to this action, as evidenced by having been affixed below on the dates indicated.
APPROVED, DONE and ORDERED this 8th day of April, 2002 at Jacksonville, Florida. The Clerk shall close the case.
s/ Harvey E. Schlesinger
cc:
[Editor's note: Mr. Somerson's address and telephone numbers have been redacted from this page.]
Daniel S. Somerson
March 7, 2002
Chief Judge John Vittone
Dear Judge Vittone: This letter is intended to address my conduct with respect to 2002-STA-18 & 19. While precipitated by my passion for truck safety on Americas highways, specific comments, remarks and behavior on my part before and during the hearing were in fact inappropriate and counterproductive. Therefore please accept my most sincere apologies. Sincerely,
s/ Daniel S. Somerson
[Editor's note: Mr. Somerson's address and telephone numbers have been redacted from this page.] Daniel S. Somerson
March 7, 2002
Judge Richard E. Huddleston
Dear Judge Huddleston and Ms. Harris: This letter is intended to address my conduct with respect to 2002-STA- 18 & 19. While precipitated by my passion for truck safety on America's highways, specific comments, remarks and behavior on my part before and during the hearing were in fact inappropriate and counterproductive. Therefore please accept my most sincere apologies.
Sincerely,
s/ Daniel S. Somerson
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