U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston, Massachusetts 02109
Room 507
(617) 223-9355
(617) 223-4254 (FAX)
Date: SEP 25 1997
Case No. 96-ERA-34
RONALD THOMPSON, Complainant
v.
HOUSTON LIGHT & POWER COMPANY, Respondent
Case No. 96-ERA-38
RONALD THOMPSON, Complainant
v.
HOUSTON LIGHT & POWER COMPANY and HOUSTON INDUSTRIES, INC. Respondents
ORDER
By document filed September 25, 1997, Respondents have submitted a
Motion to Strike Dr. Carter as a Testifying Expert Witness and Motion to Compel. Respondents
have requested an expedited ruling on these Motions.
As the hearing of this matter is presently set to begin on Monday, October
6, 1997, Complainant is hereby ORDERED to submit aresponse, if any, to
these Motions by 5:00 p.m. on Monday, September 29, 1997.
[Page 2]
The parties are hereby ADVISED that if this Judge is unable to
resolve this issue prior to hearing, I may exclude the expert facet of Dr. Carter's
testimony at hearing. The parties would then be granted leave of Court to depose the Doctor and
any rebuttal witness on a post-hearing basis. The parties are FURTHER ADVISED,
however, that this Judge, like the Secretary of Labor (now the Administrative Review Board),
looks with disfavor upon the use of depositions in so-called whistleblower litigation unless it is
absolutely necessary.
