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USDOL/OALJ Reporter
Mayton v. Martin
arietta Energy Systems, Inc., 95-CAA-9 (ALJ Dec. 31,
1997)
U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
ORDER
RECOMMENDING SUMMARY DISPOSITION
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: December 31, 1997
Case No.: 95-CAA-00009
In the Matter of:
J.D. MAYTON
Plaintiff
v.
ARTIN MARIETTA ENERGY SYSTEMS, INC.;
a/k/a LOCKHEED MARTIN ENERGY;
Respondents
RECOMMENDING SUMMARY DISPOSITION
Through counsel, the Respondent filed a Motion for Summary Judgment on February 1, 1997. Having received no substantive response from the Plaintiff, I issued an Order Directing Response to Motion for Summary Judgment on September 22, 1997. An enlargement of the time to respond until December 5, 1997, was granted in a subsequent Order. As of the issuance date of this Order, the Plaintiff has still not responded.
The facts stated in the Respondent's Motion for Summary Judgment and Brief in Support stand unrefuted. 29 C.F.R. §18.6 d)(2). No genuine issue of material fact remains to be decided in this matter, 29 C.F.R. §§18.40, 18.41, and summary disposition is appropriate as a matter of law.
Therefore, I recommend that the Administrative Review Board, on behalf of the Secretary of Labor, grant the Respondent's Motion for Summary Judgment and dismiss this action with prejudice.
J. MICHAEL O'NEILL
Administrative Law Judge
