Simmons v. Fourteenth Avenue Cartage Co., Inc. (agency decision, July 17, 2025)

Plain-English summary

Raymond Simmons appealed an order denying his STAA claim against Fourteenth Avenue Cartage. The Board directed him to file an opening brief by June 9, 2025, but he did not do so. It then gave him until July 2 to submit the brief and explain the missed deadline, warning that silence could lead to dismissal. Simmons filed neither document. The Board exercised its authority to manage its docket and dismissed the appeal for failure to comply with its orders.

Decision snapshot

• Cited authorities: 49 U.S.C. § 31105(a)
• Outcome: Appeal dismissed for failure to prosecute.
• Key point: Ignoring both the opening-brief deadline and a dismissal warning can end an administrative 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:

RAYMOND SIMMONS, ARB CASE NO. 2025-0057

          COMPLAINANT,                       ALJ CASE NO. 2020-STA-00092
                                             ALJ JASON A. GOLDEN
   v.
                                             DATE: July 17, 2025

FOURTEENTH AVENUE
CARTAGE CO., INC.,

          RESPONDENT.

Appearances:

For the Complainant:
Raymond Simmons; Pro Se; Detroit, Michigan

For the Respondent:
Michael R. Wernette, Esq.; Wernette Heilman; Clarkston, Michigan

Before THOMPSON and KAPLAN, Administrative Appeals Judges

  DECISION AND ORDER DISMISSING PETITION FOR REVIEW

  This case arises under the employee protection provisions of the Surface

Transportation Assistance Act of 1982 (STAA), and its applicable implementing regulations.1 On May 7, 2025, Complainant Raymond Simmons filed a Petition for Review with the Administrative Review Board (Board) of an Administrative Law Judge’s Decision and Order Denying Claim, issued on April 23, 2025.

   On May 12, 2025, the Board issued a Notice of Appeal Acceptance, Electronic

Filing Requirements, and Briefing Order (Briefing Order). The Briefing Order ordered Complainant to file an Opening Brief on or before June 9, 2025 (28 days

1
49 U.S.C. § 31105(a); 29 C.F.R. Part 1978 (2025).
 2

from the Board’s Briefing Order). Complainant did not file an Opening Brief as ordered.

    Consequently, on June 18, 2025, the Board issued an Order to Show Cause

requiring Complainant to explain why the Board should not dismiss this appeal due to Complainant’s failure to file an Opening Brief. The Board ordered Complainant to file a response to the Order to Show Cause, as well as a copy of the Opening Brief, by July 2, 2025 (14 calendar days from the Board’s Order to Show Cause). The Board cautioned Complainant that if it did “not receive Complainant’s response to this [Order to Show Cause] and Opening Brief within fourteen (14) calendar days of the issuance of this [Order to Show Cause], 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 Complainant failed to file an Opening Brief, and explicitly warned Complainant that failure to do so could result in dismissal of Complainant’s appeal. Given Complainant’s failure to respond to, and comply with, the Board’s orders, we DISMISS Complainant’s appeal.

   SO ORDERED.

                               ANGELA W. THOMPSON
                               Administrative Appeals Judge


                               ELLIOT M. KAPLAN
                               Administrative Appeals Judge

2 DeVoe v. AMSA Contractors, Inc., ARB No. 2025-0011, ALJ No. 2024-STA-00061, slip op at 2 (ARB Jan. 28, 2025) (citation omitted) (dismissing appeal where complainant failed to file opening brief or respond to order to show cause). 3 Id. (citation omitted).