UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES 800 K STREET, NW, SUITE 400 NORTH
WASHINGTON, DC 20001-8002
DATE: May 29, 1997
CASE NO.: 85-CAA-1
In the Matter of:
DONALD J. WILLY,
Complainant
v.
THE COASTAL CORPORATION AND
COASTAL STATES MANAGEMENT COMPANY,
Respondent
ORDER TO SHOW CAUSE
On May 8, 1997, the undersigned issued a Recommended Decision and
Order on Damages, Fees and Costs in this matter. On May 23, 1997, Respondents filed a
motion seeking correction of the recommended decision on the ground that the interest
calculation was clearly in error. Specifically, it appears that the prejudgment interest award
was based on a faulty application of I.R.C. § 6621, resulting in an interest calculation
that is four times more than it should be. Respondents also requested expedited review of
their motion so that this matter could be clarified before the Administrative Review Board
commences review of the recommended decision.
A recalculation as suggested by Respondents would result in a total
interest award to March 31, 1997 of $195,664 rather than $782,656 (amounts rounded to
nearest dollar). This apparent clear error indicates that relief pursuant to Rule 59 or Rule
60(b)(1) of the Federal Rules of Civil Procedure, as incorporated by 29 C.F.R. §
18.1(a), may be warranted. Accordingly,
Complainant is ORDERED TO SHOW CAUSE why a Corrected
Recommended Decision and Order on Damages, Fees and Costs should not be issued in this
matter adopting Respondents' method of calculation of interest as stated in Respondent's May
[Page 2]
23, 1997 motion. Complainant's response should be filed in time to reach this Office on or
before Tuesday, June 3, 1997. Prior permission is granted to Complainant to file his
response to this Order by fax or overnight courier service. See 29 C.F.R. §
18.3(f)(1).
