Ezel / Agency Decisions / arb-2020-0036-commission

McKinney v. Medpace Holdings, Inc. (agency decision, September 2, 2020)

McKinney v. Medpace Holdings, Inc. (DOL ARB 2020-0036): appeal dismissed for failure to prosecute

Decision type
agency decision
Dockets
ARB 2020-0036, ALJ 2019-SOX-00019
Decided
September 2, 2020
Outcome
Procedural
Precedential status
Citable agency precedent
Checked against source
2026-09-05
Official source
Read the official release
PDF
View Official PDF

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This is citable agency precedent from 2020, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2020
The standards may have been amended, penalty amounts have been adjusted, and later agency or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ARB decision
This decision is a final action of the Administrative Review Board under 29 C.F.R. § 26.1(b), which provides that the Board acts as fully and finally as the Secretary of Labor for matters within its authority. The Board dismissed Bradley McKinney's appeal for failure to prosecute.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official agency release. The full text is the agency's own release.
Transcribed from a scanned original: The agency released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release

Plain-English summary

The Board ordered Bradley McKinney to explain why his Sarbanes-Oxley appeal should not be dismissed for failure to prosecute. McKinney did not respond by the August 17, 2020 deadline and did not file a brief under the Board's schedule. The Board dismissed the case.

Decision snapshot

  • Cited authority: 29 C.F.R. § 26.1(b)
  • Outcome: The appeal was dismissed for failure to prosecute.
  • Key point: A party who does not respond to a show-cause order or file a required brief may lose the appeal.

Full text (DOL official public release)

U.S. Department of Labor
Administrative Review Board
200 Constitution Ave., NW
Washington, DC 20210-0001

IN THE MATTER OF:

BRADLEY MCKINNEY, ARB CASE NO. 2020-0036
COMPLAINANT, ALJ CASE NO. 2019-SOX-00019
v. DATE: September 2, 2020

MDPACE HOLDINGS, INC.,

RESPONDENT.

ORDER OF DISMISSAL

On July 30, 2020, the Board issued an Order to Show Cause allowing Complainant until August 17, 2020, to explain why this appeal should not be dismissed for failure to prosecute the appeal. No response to the Show Cause order has been filed, and no brief has been received from Complainant as provided by the briefing schedule. Accordingly, the case is DISMISSED.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Aubrey Gordon
General Counsel

NOTE: Questions regarding any case pending before the Board should be directed to the Board’s Paralegal Specialists by telephone at (202) 693-6200 or by facsimile at (202) 693-6220

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