Bauche v. Masimo Corp. (agency decision, December 13, 2024)

Plain-English summary

John Bauche sought Board review in a Sarbanes-Oxley whistleblower case against Masimo Corporation. The Board issued a notice that it intended to dismiss the petition for review. Bauche responded, but his filing did not include the required opening brief or otherwise comply with the notice. For the reasons given in that notice, the Board dismissed the appeal without reaching the underlying claim.

Decision snapshot

• Cited authorities: 18 U.S.C. § 1514A
• Outcome: Appeal dismissed for failure to file an opening brief or comply with the Board's notice.
• Key point: A response to a dismissal notice does not preserve an appeal when it omits the required opening brief and otherwise fails to comply.

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:

JOHN BAUCHE, ARB CASE NO. 2025-0002

          COMPLAINANT,                    ALJ CASE NO. 2023-SOX-00024
                                          ALJ CHRISTOPHER LARSEN
   v.
                                          DATE: December 13, 2024

MASIMO CORPORATION,

          RESPONDENT.

Before WARREN, Acting Chief Administrative Appeals Judge, and ROLFE,
Administrative Appeals Judge

                         ORDER OF DISMISSAL

PER CURIAM:

   This case arises under the whistleblower protection provisions of Section 806

of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the
Sarbanes-Oxley Act (SOX), as amended. On December 12, 2024, Complainant John
Bauche filed a Response to the Board’s December 6, 2024 Notice of Intent to
Dismiss Petition for Review (Notice). A review of Complainant’s Response reveals
that he has failed to file an opening brief or otherwise comply with the Notice. For
the reasons stated in the Notice, the Board hereby DISMISSES this appeal.

  SO ORDERED.


                            ____________________________________
                            IVEY S. WARREN
                            Acting Chief Administrative Appeals Judge



                            ____________________________________
                            JONATHAN ROLFE
                            Administrative Appeals Judge