U.S. Department of Labor Office of Administrative Law Judges
DATE: August 28, 1997
Case No.: 91-STA-28
IN THE MATTER OF:
Kenneth Land Pro Se Complainant
v.
Consolidated Freightways Respondent
ORDER TO SUBMIT STATUS REPORT
A formal hearing in the above-captioned matter was held on November
13, 1991 before Administrative Law Judge Martin J. Dolan, Jr. Judge Dolan issued his Decision
and Order Dismissing Complaint on January 21, 1992, which decision was clarified on May 18,
1992. The Secretary issued an Order of Remand on May 6, 1992 and denied Respondent's Motion
for Reconsideration by Order dated April 3, 1995.
By letter dated October 28, 1996, Complainant requested a delay in
his Surface Transportation Act (hereinafter STA) hearing until after the Massachusetts Commission
Against Discrimination (hereinafter MCAD) issues its decision on the state claim. The state hearing
was completed on September 19, 1996. In response to this Court's Order dated October 17, 1996
and this Office's June 30, 1997 telephone request for a status report, Attorney Kingston replied by
letters dated October 23, 1996 and July 1, 1997. These letters basically requested a further delay in
this proceeding based upon the anticipated state decision.
This Judge has been most lenient in honoring the parties' request. It
has become evident, however, that it could be quite some time before the MCAD issues its decision.
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Accordingly, the parties are hereby ORDERED to submit
a report on the status of the MCAD proceeding. In addition, the Complainant should inform this
Court as to (1) whether or not he has obtained the services of an attorney, and (2) the reason(s) that
he requests a delay in this STA proceeding. In this regard, each party shall indicate whether or not
the MCAD decision will fully resolve the issues in this pending matter and whether or not each side
agrees to abide by the decision of the MCAD, irrespective of whatever decision the MCAD issues.
Finally, the parties are hereby ORDERED to submit written
waiver of all applicable time constraints provided in the applicable statute if it is their intention to
continue to request a further delay in this remand proceeding.
