U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: December 31, 1997
Case No.: 95-CAA-00009
In the Matter of:
J.D. MAYTON
Plaintiff
v.
MARTIN MARIETTA ENERGY SYSTEMS, INC.;
a/k/a LOCKHEED MARTIN ENERGY;
Respondents
ORDER
RECOMMENDING SUMMARY
DISPOSITION
Through counsel, the Respondent filed a Motion
for Summary Judgment on February 1, 1997. Having received no
substantive response from the Plaintiff, I issued an Order
Directing Response to Motion for Summary Judgment on September
22, 1997. An enlargement of the time to respond until December
5, 1997, was granted in a subsequent Order. As of the issuance
date of this Order, the Plaintiff has still not responded.
The facts stated in the Respondent's Motion for
Summary Judgment and Brief in Support stand unrefuted. 29 C.F.R.
§18.6 d)(2). No genuine issue of material fact remains to
be decided in this matter, 29 C.F.R. §§18.40, 18.41,
and summary disposition is appropriate as a matter of law.
Therefore, I recommend that the Administrative
Review Board, on behalf of the Secretary of Labor, grant
the Respondent's Motion for Summary Judgment and dismiss
this action with prejudice.
