J. Bradley Miller v. White's Pelletizing Co. (ALJ decision, December 8, 1992)

Plain-English summary

J. Bradley Miller's discrimination case against White's Pelletizing Co. was set for hearing in Lancaster, Pennsylvania. The company's counsel appeared, but Miller did not appear and did not later explain his absence. Judge William Fauver dismissed the case for failure to prosecute the claim.

Decision snapshot

• Cited standards: None identified in the order
• Outcome: The discrimination case was dismissed for failure to prosecute.
• Key point: A complainant who does not appear for a scheduled hearing and provides no explanation may have the discrimination case dismissed.

Full text (FMSHRC public release)

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

J. BRADLEY MILLER,
: DISCRIMINATION PROCEEDING
Complainant
:
: Docket No. PENN 92-368-DM
v. : NEMD 92-01
:
WHITE'S PELLETIZING CO., :
Respondent
:

ORDER OF DISMISSAL

Appearance: Madelyn P. Nix, Esq., Lancaster, PA, for Respondent.

Before: Judge Fauver

This case was called for hearing at Lancaster, Pennsylvania, on November 10, 1992, pursuant to notice of hearing. Counsel for Respondent appeared, but Complainant did not appear for the hearing. Since the date of the hearing, Complainant has not submitted any explanation for his failure to appear at the scheduled hearing.

Accordingly, it is ORDERED that this case is DISMISSED for failure of Complainant to prosecute his claim.

William Fauver
Administrative Law Judge

Distribution:

Mr. J. Bradley Miller, 5357 Lincoln Highway, P. O. Box 106, Gap, VA 17527 (Certified Mail)

Mr. Carl D. McKinney, Area Manager, White's Pelletizing Co., Drawer 1300, St. Paul, VA 24283 (Certified Mail)

Madelyn P. Nix, Esq., Hartman, Underhill & Brubaker, 221 East Chestnut Street, Lancaster, PA 17602 (Certified Mail)

/fcca