Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002
(856) 486-3800
Issue Date: 17 June 2004
CASE NOS.: 2004-SOX-00031
2004-SOX-00032
In the Matters of
KIM GRIFFIN
Complainant
and
J.B. CHIMINE
Complainant
v.
METALS USA
Respondent
ORDER DISMISSING COMPLAINTS
The instant appeals were filed by Complainants Kim Griffin and J.B. Chimine ("Complainants") under the employee protection provisions of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. section 1514(A) ("the Act"). I consolidated the cases for hearing, which was scheduled for April 8, 2004.
On the scheduled date of the hearing, counsel for the parties appeared before me and advised that a settlement of the dispute between the parties had been reached. Counsel provided written confirmation of the terms of the settlement. I advised the parties to provide me with a summary of the terms of the agreement signed by the parties so that I could issue an Order approving the agreement. Tr. At 5-6. The parties agreed to do so and the written settlement was expected by May 10, 2004. The parties did not file their settlement with me.
On June 3, 2004, I issued an Order to show cause why the cases should not be dismissed for abandonment by Complainants. The parties were given until June 14, 2004 to provide cause in writing. As of this date, no cause has been given why the cases should not be dismissed.
[Page 2]
Accordingly, for the reasons set forth above, I find that Complainants have abandoned their claims. Therefore, pursuant to 29 C.F.R. section 18.29(a), the instant complaints are hereby DISMISSED for failure of Complainants to prosecute their appeals.
So ORDERED.
Janice K. Bullard
Administrative Law Judge
Cherry Hill, New Jersey
NOTICE OF APPEAL RIGHTS: This decision shall become the final order of the Secretary of Labor pursuant to 29 C.F.R. §§ 1980.110, unless a petition for review is timely filed with the Administrative Review Board ("Board"), U.S Department of Labor, Room S-4309, 200 Constitution Avenue, NW, Washington DC 20210, and within 30 days of the filing of the petition, the ARB issues an order notifying the parties that the case has been accepted for review. The petition for review must specifically identify the findings, conclusions or orders to which exception is taken. Any exception not specifically urged ordinarily shall be deemed to have been waived by the parties. To be effective, a petition must be filed within ten business days of the date of the decision of the administrative law judge. The date of the postmark, facsimile transmittal, or e-mail communication will be considered to be the date of filing; if the petition is filed in person, by hand-delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. See 29 C.F.R. §§ 1980.109(c) and 1980.110(a) and (b), as found in "OSHA, Procedures for the Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002"; Interim Rule, 68 Fed. Reg. 31860 (May 29, 2003).
