Pittman v. Diagnostic Products Corp., ARB No. 12-103, ALJ No. 2006-SOX-53 (ARB Sept. 21, 2012)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 12-103
ALJ CASE NO. 2006-SOX-053
DATE: September 21, 2012

RANDALL PITTMAN,

       COMPLAINANT,

    v.

DIAGNOSTIC PRODUCTS CORP.
(currently known as SIEMENS
HEALTHCARE DIAGNOSTICS, INC.);
ST. PAUL TRAVELERS; DELOITTE &
TOUCHE USA, LLP; CONCENTRA,
INC.; SEYFARTH SHAW LLP; MICHAEL
ZIERING; IRA ZIERING; SID AROESTY;
CHRIS GOSS; and FRITZ BACKUS,

       RESPONDENTS.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearance:

For the Complainant:
    Randall Pittman, pro se, Sherman Oaks, California

NOTICE OF DENIAL OF REVIEW

    This case arose under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 (SOX).¹ The Complainant, Randall Pittman, filed a Petition for Review with the Administrative Review Board on August 20, 2012, requesting the Board to review a Department of Labor Administrative Law Judge's Order Denying Motion for Relief (Rule 60(b)(6)). The Secretary of Labor has delegated her authority to the

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Administrative Review Board to consider an appeal of an Administrative Law Judge's order in a SOX case.²

    The SOX's implementing regulations provide that the Board must notify the parties and the Administrative Law Judge (ALJ) within 30 calendar days if the Board determines that it will review the ALJ's decision.³ The Board issued no such order in this case. Accordingly, the parties are notified that the case has not been accepted for review.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

Note: Questions regarding any case pending before the Board should be directed to the Board's Paralegal Specialists. -
Telephone: (202) 693-6200
Facsimile: (202) 693-6220

[ENDNOTES]

¹ 18 U.S.C.A. § 1514A (Thomson/West Supp. 2012).

² Secretary's Order No. 1-2010 (Delegation of Authority and Assignment of Responsibility to the Administrative Review Board), 75 Fed. Reg. 3924 (Jan. 15, 2010); 29 C.F.R. § 1980.110 (2012).

³ 29 C.F.R. § 1980.110(b).