U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-123
(ALJ CASE NO. 97-WPC-1)
DATE: JUL 25 1997
In the Matter of:
JOSEPH TRACANA,
COMPLAINANT,
v.
ARCTIC SLOPE INSPECTION
SERVICE (ASIS),
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER TO SHOW CAUSE
On July 3, 1997, Administrative Law Judge (ALJ) Henry B. Lasky issued
a Recommended Order of Dismissal (R. 0. D.) in this matter arising under the Water Pollution
Control Act, 33 U.S.C. §1367 (1988). A hearing was scheduled to be conducted on July 16,
1997; however, on June 24, 1997, Respondent moved to dismiss the case with prejudice on the
grounds that Complainant had failed and/or refused to comply with discovery requests, had failed
to make himself available for scheduled depositions, and failed to comply with previous orders
issued by the ALJ.
Accordingly, on June 25, 1997, the ALJ issued an Order to Show Cause why
the matter should not dismissed with prejudice. Complainant responded to the Order to Show Cause
in a letter dated July 2, 1997. The ALJ found that Complainant, acting pro se, had
"not shown good cause or any cause as to why the motion to dismiss should not be
granted." R.O. D. at 1.
[Page 2]
Previously, Respondent had filed interrogatories and requests for production
of documents dated March 28, 1997. Complainant failed to respond to the discovery requests and
on May 22, 1997, the ALJ ordered Complainant to show cause, on or before June 6, 1997, why
Respondent's requests for admission should not be admitted. Complainant failed to respond to that
Order to Show Cause and on June 10, 1997, the ALJ issued an Order that all Respondent's requests
for admissions be deemed admitted. Sanctions short of dismissal were ordered by the ALJ on June
13, 1997 for Complainant's failure to comply with Respondent's discovery requests. A deposition
of Complainant was scheduled for June 16, 1997 and then rescheduled for June 19, 1997 at
Complainants's request and for his convenience. One hour prior to the rescheduled deposition,
Complainant notified counsel for Respondent that he would not make himself available for the
deposition. Based on this procedural history, the ALJ issued his R.O.D.
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.
