U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston Massachusetts 02109
Case No. 92-TSC-1
OWCP No. 91 106 07990
In the Matter of:
Anthony Spangenberger
Claimant
against
Briggs Associates
Respondent
ORDER TO SHOW CAUSE
This matter having been docketed at the Boston
District on October 10, 1991 and having been scheduled for trial in
October of 1991 and then rescheduled for December of 1991 and the
trial having been postponed twice at Claimant's request and the
parties thereafter having requested the opportunity to resolve the
matter voluntarily and the parties having advised that the
complaint would be withdrawn with prejudice by Complainant and,
despite repeated requests, the appropriate letter has not been
filed with this Court as of this date, it is DETERMINED that such
request should be filed with this Administrative Law Judge on or
before September 8, 1992, and, absent the filing of such
request, it is further DETERMINED that this appeal filed by the
Complainant shall be DISMISSED WITH PREJUDICE, pursuant to 29
C.F.R. §24.5(e)(4), and, in such event, it is further
DETERMINED that the August 30, 1991 letter from the District
Director, Employment Standards Administration, Wage and Hour
Division, U.S. Department of Labor, by. which letter Complainant's
complaint had been denied as "the investigation was found to
have been motivated upon insubordination, i.e., repeated refusal to
perform job duties as directed by the firm's management, shall be
adopted by this Administrative Law Judge as the decision and order
in this case.
