Dohogne v. Terminal Railroad (Board decision, June 11, 2021)

Plain-English summary

Patricia Dohogne had an appeal pending before the Administrative Review Board against Terminal Railroad. The Board ordered her to explain by May 31, 2021 why the appeal should not be dismissed for failure to prosecute. Dohogne did not respond to that order and did not file the brief required by the briefing schedule. The Board dismissed the case without addressing the underlying allegations or their merits.

Decision snapshot

• Cited authorities: The order cites no statute or program-specific regulation.
• Outcome: Appeal dismissed for failure to prosecute.
• Key point: An appellant who does not respond to a show-cause order or file the required brief may have the case dismissed without a merits decision.

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:

PATRICIA DOHOGNE,
ARB CASE NO. 2020-0044

COMPLAINANT,
ALJ CASE NO. 2018-FRS-00050

v. DATE: June 11, 2021
TERMINAL RAILROAD,

RESPONDENT.

Before: James D. McGinley, Chief Administrative Appeals Judge, and Thomas H. Burrell, Administrative Appeals Judge

ORDER OF DISMISSAL

PER CURIAM. On May 19, 2021, the Board issued an Order to Show Cause allowing Complainant until May 31, 2021, 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.

SO ORDERED.

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