Munz v. Sacramento Metropolitan Air Quality Management District, 2002-CAA-9 (ALJ Mar. 22, 2002)

U.S. Department of Labor

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

Date issued: March 22, 2002

Case No. 2002-CAA-9
(formerly 1997-CAA-12)

In the Matter of

ERIC MUNZ,
    COMPLAINANT,

    v.

SACRAMENTO METROPOLITAN AIR QUALITY
MANAGEMENT DISTRICT,
    RESPONDENT.

   By Order dated February 28, 2002, Complainant was ordered to show cause why his motion to reopen for an enforcement hearing relating to the settlement in case number 1997-CAA-12 should not be dismissed because it was filed in the wrong forum. See Thompson v. Houston Lighting & Power Co., ARB No. 98-101, ALJ No. 1996-ERA-34 (ARB Mar. 30, 2001), citing Williams v. Metzler, 132 F.3d 937 (3d Cir. 1997) (indicating that ERA enforcement actions must be filed in federal district court).

   The time for filing a response to the order to show cause has expired, and this office has no record of a response being filed by Complainant. Accordingly,

   IT IS RECOMMENDED that the above-captioned matter be DISMISSED.

       JOHN M. VITTONE
       Chief Administrative Law Judge

NOTICE: This Recommended Order of Dismissal will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. § 24.8 (2001).