Sorenson v. Terracare Associates, LLC (Board decision, March 22, 2016)

Plain-English summary

Kelly Sorenson appealed a case involving Terracare Associates to the Board. The Board rejected his first brief because it did not meet filing requirements and gave him another chance because he was representing himself. His second brief lacked the required certificate showing that he had served it on Terracare and its counsel. The Board gave him until March 15, 2016 to provide the certificate and warned that it could dismiss the appeal if he did not. He did not submit one, so the Board dismissed the appeal without reaching the underlying claim.

Decision snapshot

• Cited authority: No statute cited in this order; the Board applied its service certificate requirement.
• Outcome: Appeal dismissed for failure to submit the required certificate of service.
• Key point: The Board gave Sorenson repeated chances to document service of his brief before dismissing the appeal.

Full text (DOL official public release)

U.S. Department of Labor
Administrative Review Board
200 Constitution Ave., N.W.
Washington, DC 20210

IN THE MATTER OF:

KELLY SORENSON,
ARB CASE NO. 16-005

                  COMPLAINANT,                            ALJ CASE NO.      2015-STA-001

v. DATE: March 22, 2016

TERRACARE ASSOCIATES, LLC,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER DISMISSING APPEAL

On January 28, 2016, the Administrative Review Board issued an Order Granting Motion to Strike Complainant’s Brief and Amending Briefing Schedule. In this Order the Board rejected Complainant’s non-conforming brief, but noting his pro se status, gave him another opportunity to file a conforming brief.

The Board received Sorenson’s brief on February 26, 2016. Even though the Board had plainly warned Sorenson that if his brief did not contain a certificate of service stating that the brief had been served on Respondent and its counsel, the addresses where it was served, the date on which it was served and the signature of the person who served the brief, the Board could dismiss his appeal without further order, Sorenson inexplicably failed to attach such a certification. Accordingly, the Board refused to accept his brief for filing.

Nevertheless, the Board gave Sorenson one more chance to file his brief in this case. The Board ordered that on or before March 15, 2016, Sorenson must provide the Board with a certificate of service as described in the Board’s January 28, 2016 Order.
The Board again cautioned that if it did not receive a certificate establishing that he served his brief on Respondent and Respondent’s counsel by that day, we would dismiss his appeal without further order.

USDOL/OALJ REPORTER
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 Complainant did not submit a certificate of service as ordered. Accordingly his appeal is DISMISSED.

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

USDOL/OALJ REPORTER
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