U.S. Department of Labor
Office of Administrative Law Judges
50 Fremont Street, Suite 2100
San Francisco, CA 94105
DATE: JULY 3, 1997
CASE NO: 97-TSC-5
In the Matter of
James Schooley,
Complainant,
v.
Chugach North Technical Services,
Respondent.
RECOMMENDED ORDER OF DISMISSAL
The above entitled matter was scheduled for trial on July 14, 1997 in
Anchorage, Alaska. On June 16, 1997 Counsel for Respondent filed a Motion to Dismiss the claim
on the basis of receiving a letter from Complainant dated June 6, 1997 addressed to Respondent
advising "I am not pursuing my U.S. Dept. of Labor complaint against Chugach North
Technical Services." An Order to Show Cause was previously issued to Complainant on June
16, 1997 as to why Respondent's prior Motion for Summary Decision seeking dismissal should not
be granted and Complainant was given until July 2, 1997 to respond.
Because of the Motion to Dismiss filed by Respondent, Complainant was
ordered to show cause in writing addressed to the undersigned on or before July 2, 1997 as to why
the Motion to dismiss should not be granted. Complainant was advised the failure to file a response
to this Order to Show Cause in writing within the time required would be deemed a waiver of any
objections to the granting of the motion and the motion would be granted. Complainant has not
responded to the Order to Show Cause re dismissal within the time required and has waived any
objections to the granting of the Respondent's motion to dismiss. Accordingly, it is hereby ordered
that:
1. The above entitled matter is dismissed with prejudice and
the trial presently scheduled for July 14, 1997 is canceled;
2. The pending motion for summary decision heretofore filed
by Respondent need not be addressed in view of the order herein dismissing the matter.
