DOL Home > OALJ > Whistleblower > Keene v. Houston Lighting & Power Co., 95-ERA-4 (ALJ Nov. 28, 1995) |
Date: November 28, 1995 Case No.: 95-ERA-4 In the Matter of: EARL VANDORN KEENE Complainant vs. EBASCO CONSTRUCTORS, INC., a/k/a RAYTHEON CONSTRUCTORS, k/n/a RAYTHEON ENGINEERS AND CONSTRUCTORS, INC. Respondent RECOMMENDED SUPPLEMENTAL DECISION AND ORDER A Recommended Decision and Order issued in this matter on September 29, 1995. The recommendation to the Secretary of Labor was that Complainant should prevail on his complaint as it pertained to his termination on March 24, 1994, and that a final order should issue awarding him ,437.72. As to the matter of attorney's fees and expenses, the Decision noted that Complainant's counsel had filed no petition for such expenses, and that the record would remain open 10 days from that time in order for an itemization of costs and attorney's fees to be presented. Employer was granted 10 days thereafter in which to respond. Findings of Fact and Conclusions of Law Despite the terms of said Order, no petition for costs and attorney's fees have ever been submitted by Complainant or Complainant's counsel. Subsequent to September 29, 1995, a telephone call was received by this office from a person who identified themselves as an office employee of Complainant's counsel. That person stated that because of prior commitments and personal problems, the deadline could not be met for the filing of a petition for costs and fees and an extension of time was sought. Nothing in writing was ever filed nor was a formal order ever issued. It is now almost two months post-Recommended Decision and Order and neither Complainant nor Complainant's counsel have submitted any petition detailing the work performed, the time spent on such work, the hourly rate for performance of the work or an itemization of costs. It would therefore appear the items of attorneys fees and costs have been waived by Complainant and his representative. RECOMMENDED ORDER Based on the foregoing, it is hereby recommended that Complainant and his counsel be deemed to have waived any relief for the recovery of costs and attorney's fees involved in this matter due to their failure to file any evidence in support thereof. SO ORDERED this 30th day of November, 1995, at Metairie, Louisiana. C. RICHARD AVERY Administrative Law Judge CRA:kw