Day v. Oak Ridge Operations, USDOE, 1999-CAA-23 (ALJ Mar. 6, 2001)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

Issue date: 06Mar2001
CASE NO.: 1999-CAA-23

In the Matter of

MILLARD F. DAY
    Complainant

    v.

OAK RIDGE OPERATIONS, U.S. DEPARTMENT OF ENERGY,
GEORGE BENEDICT, DAN WILKEN, et al.
    Respondent

   The above-captioned case is presently scheduled for hearing beginning Tuesday, April 3, 2001 in Knoxville, Tennessee. By letter dated February 8, 2000 (sic), Complainant requests that the case be continued due to "delays in his receipt of long-delayed Privacy Act/FOIA documents" from Respondents. In addition, Complainant also moves for sanctions and a preclusion order against Respondent, Department of Energy.

   It is unclear from Complainant's motion what documents are being withheld and what, if any, relevance these documents may have to the ultimate issue in the case before me. Indeed, the majority of Complainant's motion is directed to unrelated issues. It is also not apparent from Complainant's letter whether these documents were available through normal discovery channels; discovery ending March 1st.

   If in the future Complainant can show, with specificity, that Respondent is abusing the discovery process, I may review the motion for continuation and impose sanctions. I will also schedule a conference call with the parties to try and clarify these issues.

   The above considered, Complainant's motion for continuation, sanctions, and preclusion order is denied.

   IT IS SO ORDERED.

       MICHAEL P. LESNIAK
       Administrative Law Judge

MPL:mr