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Pate v. Thomas Poultry, 2000-STA-51 (ALJ Jan. 24, 2001)
U.S. Department of Labor | Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 | ![]() |
DATE: January 24, 2001
CASE NO.: 2000-STA-51
In the Matter of:
DAVID PATE
Complainant
v.
THOMAS POULTRY
Respondent
A hearing was held in the above-captioned case on October 11, 2000. At that time, Mr. Pate requested that the hearing be postponed to allow him time to find an attorney. (TR. 5). The Respondent also stated that he was not represented by counsel. (TR. 5). The undersigned granted the postponement stating that the parties would have until January to find representation and the case would be rescheduled in February or March. (TR. 6).
The case was rescheduled for hearing on Wednesday, February 7, 2001 in Birmingham, Alabama. By letter dated January 10, 2001 Complainant requested that the hearing be cancelled and dismissed because he was unable to find representation. Under 29 CFR §18.39(b), " a request for hearing may be dismissed upon its abandonment or settlement by the party or parties who have filed it." The request is granted and Claimant's objections and request for hearing are dismissed. 29 CFR §1978.11(c)
IT IS ORDERED that the scheduled hearing date of February 7, 2001 is CANCELLED and the above-captioned claim is DISMISSED.
GERALD M. TIERNEY
Administrative Law Judge
NOTICE: This Recommended Decision and Order and the administrative file in this matter will be forwarded for review by the Administrative Review Board, U.S. Department of Labor, Room S-4309, 200 Constitution Avenue, NW, Washington, DC 20210. See 29 C.F.R. § 1978.109(a); 61 Fed. Reg. 19978 (1996).