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Pogue v. U.S. Dept. of the Navy, 88-TSC-3 (ALJ Oct. 4, 1988)


U.S. Department of Labor
Office of Administrative Law Judges
211 Main Street
San Francisco, California 94105
(415) 974-0514
FTS 8-454-0514

DATE: OCT 4 1988
CASE NO. 88-TSC-3 (Pogue II)

IN THE MATTER OF

BARBARA POGUE
    Complainant

    v.

U.S. DEPARTMENT OF THE NAVY
MARE ISLAND NAVAL SHIPYARD
    Respondent

Roy Gorman, Esq.
Alan C. Waltner, Esq.
    For the Claimant

Joseph Smith, Esq.
Anthony Alfano, Esq
    For the Respondent

BEFORE: ELLIN M. O'SHEA
    Administrative Law Judge

NOTICE TO PARTIES

    On September 23, 1988 Complainant through counsel personally filed with this Office a First Amended Complaint under the Employee Protection Provisions of the RCRA, the CERCLA, the CWA and the TSCA in Case No. 88-TSC-3. Thereafter, again by hand, September 26, 1988 a Motion to Amend Complaint was received from Complainant, with attached Memorandum. The Navy by September 27, 1988 filing advised this Office of its opposition to Complainant's September 23, 1988 Motion to Amend Complaint and stated its Motion to Oppose would follow under separate cover.


[Page 2]

    In accord with my July 26, 1988 Order of Stay no action will be taken in this matter (Pogue II) based on the parties' respective filings/pleadings until the Secretary of Labor's decision ruling on the threshold jurisdiction issue in Pogue I, 87-ERA-21, is issued/ received.

       ELLIN M. O'SHEA
       Administrative Law judge

EMO:mm



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