U.S. Department of Labor Office of Administrative Law Judges
Federal Building, Suite 4300
501 W. Ocean Boulevard
Long Beach, California 90802
(562) 980-3594
(562) 980-3596
FAX: (562) 980-3597
DATE: January 21, 1999
CASE NO: 1998-CAA-2
In the Matter of:
CURTIS N. FANNING,
Complainant,
v.
RAMSEY SCHILLING CONSULTING GROUP,
Respondent.
ORDER GRANTING MOTION TO RECUSE
This matter arises under the employee protection provisions of the Clean
Air Act (the "Act"), 42 U.S.C. § 7622, and the applicable regulations
contained at 29 C.F.R. Part 24. Curtis Fanning, a prose complainant,
appealed the Occupational Safety and Health Administration's determination that his allegations
were without merit and requested a formal hearing.
After complainant refused to appear for the second deposition scheduled
for January 7, 1999, and a telephone conference to discuss this matter on January 12, 1999, the
undersigned issued an Order Granting Continuance and Motion to Compel and Denying Motions
to Dismiss and for Sanctions on January 15, 1999.
Subsequently, on January 20, 1999, the undersigned received motions from
both the complainant and respondent in which they accused the undersigned of being biased
toward the other party and requesting that I recuse myself from the case.
Despite my best efforts to be impartial in this case, it is evident that the
animosity between the parties is so great that my attempts to be impartial have been
misinterpreted by each party as bias toward the other party. Accordingly, I find that the interests
of justice would be best served by my recusal pursuant to the provisions of 29 C.F.R. §
18.31(b).
IT IS HEREBY ORDERED that the motions to recuse be
granted.
Entered this 21st day of January 1999, at Long Beach, California.