Curley v. Grand Rapids Iron & Metal Company, 1999-STA-39 (ALJ Nov. 24, 1999)

U.S. Department of Labor

Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Date: November 24, l999
Case No. 1999-STA-0039

In the Matter of

THOMAS R. CURLEY,
   Complainant,

   v.

GRAND RAPIDS IRON & METAL COMPANY,
   Respondent.

   This proceeding arises from an action filed by the Complainant, Thomas R. Curley, under the Surface Transportation Assistance Act, 49 U.S.C. § 31105, et seq. On August 12, 1999, the undersigned issued an Order to Show Cause why the Respondent's motion to dismiss this case due to lack of timely notice should not be granted. As the Complainant could not be located, the Order was issued again on September 21, 1999. The Complainant responded to this Show Cause Order on September 28, 1999, indicating that he did not understand the purpose of the Order. On October 18, 1999, an Order Scheduling Telephone Conference was issued by the undersigned Administrative Law Judge. This Order scheduled a telephone conference for October 22, 1999, and directed the parties to notify the undersigned on or before October 21, 1999, of the telephone number where they could be reached. The parties were warned that "failure to participate in this telephone conference may result in dismissal of this case or other appropriate sanctions." Nonetheless, the Complainant did not timely respond. On October 26, 1999, an Order was issued requiring the Complainant to show cause why this case should not be dismissed due to the Complainant's failure to make himself available and comply with the lawful order of an Administrative Law Judge. Once again, the Complainant failed to respond. As it clearly appears that the Complainant has abandoned this matter by failing to pursue these proceedings, it is hereby

   ORDERED that this action is dismissed due to the failure of the Complainant, Thomas R. Curley, to make himself available and to comply with the lawful order of an Administrative Law Judge. See 24 C.F.R. § 18.39(b)

      DANIEL J. ROKETENETZ
      Administrative Law Judge

NOTICE: This Recommended Order of Dismissal and the administrative file in this matter will be forwarded for review by the Administrative Review Board, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 202l0. See 29 C.F.R. § l978.l09(a); 6l Fed. Reg. 19978 (l996).