DeVoe v. AMSA Contractors, Inc. (agency decision, January 28, 2025)

Plain-English summary

John DeVoe sought Board review after an administrative judge denied his Surface Transportation Assistance Act complaint against AMSA Contractors. The Board ordered him to file an opening brief by December 24, 2024, but he did not do so. It then issued a show-cause order that required both an explanation and the missing brief and warned that continued noncompliance could lead to dismissal. DeVoe submitted neither document. Exercising its authority to control its docket and enforce its orders, the Board dismissed the appeal for failure to prosecute.

Decision snapshot

• Cited authorities: 49 U.S.C. § 31105(a)
• Outcome: Appeal dismissed for failure to prosecute; ALJ denial was not reviewed on the merits.
• Key point: Failure to file both an ordered brief and a response to a warned show-cause order can end an administrative appeal without merits review.

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 DEVOE,                                    ARB CASE NO. 2025-0011

            COMPLAINANT,                       ALJ CASE NO. 2024-STA-00061
                                               ALJ WILLIAM P. FARLEY
     v.
                                               DATE: January 28, 2025
AMSA CONTRACTORS, INC.,

            RESPONDENT.

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

    DECISION AND ORDER DISMISSING PETITION FOR REVIEW

PER CURIAM:

    This case arises under the Surface Transportation Assistance Act of 1982

(STAA), as amended, and its implementing regulations.1 On November 20, 2024, Complainant John DeVoe filed a Petition for Review with the Administrative Review Board (Board) of Administrative Law Judge William P. Farley’s Decision and Order Denying Complaint, issued on November 5, 2024. The Board issued a Notice of Appeal Acceptance, Electronic Filing Requirements, and Briefing Order (Briefing Order) on November 26, 2024. The Briefing Order required Complainant to file an opening brief by December 24, 2024 (28 calendar days from the Board’s Briefing Order). Complainant did not file an opening brief as ordered.

  Consequently, on January 8, 2025, the Board issued an Order to Show Cause

requiring Complainant to show cause why the Board should not dismiss his appeal

1 49 U.S.C. § 31105(a); 29 C.F.R. Part 1978 (2024). 2

due to his failure to file an opening brief. The Board ordered Complainant to file his response to the Order to Show Cause, as well as a copy of his opening brief, by January 22, 2025 (14 calendar days from the Board’s Order to Show Cause). The Board cautioned Complainant that “[i]f the Board does not receive Complainant’s response to this Order and Opening Brief within fourteen (14) calendar days of the issuance of this Order, the Board may dismiss the appeal without further notice to the parties.” Nevertheless, Complainant did not file a response or an opening brief as ordered.

   The Board has the inherent “power to dismiss a case for failure to prosecute

in an effort to control its docket and to promote the efficient disposition of its cases.”2 Pursuant to this authority, the Board “may dismiss a complaint in a case in which the complainant failed to comply with the Board’s orders.”3 Complainant failed to file an opening brief as ordered by the Board. The Board then gave Complainant the opportunity to explain why he failed to file his opening brief, and explicitly warned him that failure to do so could result in dismissal of his appeal. Given Complainant’s failure to respond to, and comply with, the Board’s orders, we DISMISS Complainant’s appeal.

  SO ORDERED.



                                     ____________________________________
                                     IVEY S. WARREN
                                     Administrative Appeals Judge




                                     ____________________________________
                                     JONATHAN ROLFE
                                     Administrative Appeals Judge

2 Collins v. Next Marketing, Inc., ARB No. 2023-0057, ALJ No 2023-STA-00003, slip op. at 2 (ARB Oct. 24, 2023) (dismissing the appeal where Complainant failed to respond to, and comply with, the Board’s orders). 3 Id. (citations omitted).