DATE: January 4, 1988
CASE NOS. 87-STA-22
   87-STA-23

IN THE MATTER OF

JAMES WORTHEY,
    COMPLAINANT

    v.

CHOO-CHOO TRANSPORTATION,
   RESPONDENT

    AND

JAMES WORTHEY,
   COMPLAINANT

   v.

RANGER TRANSPORTATION,
   RESPONDENT.

    A hearing was scheduled in the above-captioned case on December 22, 1987. On December 21, 1987, counsel for Complainant telephoned this Office and indicated that neither he nor his client could appear for the hearing due to Complainant's financial difficulties. At that time, counsel was directed to confirm the telephone call in writing by overnight mail, making an appropriate motion. To date, no further communication has been received from Complainant.

    On December 31, 1987, Respondent (Ranger Transportation, Inc.) filed a motion to dismiss premised on Complainant's failure to prosecute his complaint and to comply with the Rules of Practice and Procedure for Administrative Hearings. On January 4, 1988,

Choo-Choo Transportation filed its motion to dismiss this complaint for the same reasons*

    Accordingly, IT IS RECOMMENDED that this complaint be DISMISSED with prejudice due to Complainant's failure to prosecute. The timing of his last-minute telephone call informing this office that he would not be able to attend the hearing for financial reasons compels the inference that Complainant does not in fact intend to pursue this matter.

       THEODOR P. VON BRAND
       Administrative Law Judge

TPvB/KKC/jbm