UNITED STATES
DEPARTMENT OF LABOR

Date: November 1, 1990
Case No: 90-ERA-45

IN THE MATTER OF

TERRY H. BURCHFIELD,
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY
    Respondent

An Order To Show Cause, issued on October 26, 1990, directed Complainant to state all grounds why this case should not be dismissed due to the failure to comply with the June 28, 1990 Pre-Hearing Order which requires the filing, no later than ten (10) working days prior to the Hearing, scheduled on November 6, 1990, of a Witness List with a succinct summary of the anticipated testimony of each witness and an Exhibit List with a copy of each document, properly marked and numbered for identification, which is to be referred to and/or offered in evidence. Complainant's timely filed response asserts that this default, like his total failure to provide ordered discovery, is due to Complainant's Counsel "being psychologically immobilized and prevented from concentrating in an in depth way on said documentation."

With just two (2) working days remaining before commencement of the scheduled Hearing, Complainant's Pre-Hearing Statement, without documents properly marked and numbered for identification attached,

is presented on November 1, 1990. Additionally, for the first time, medical verification of illness, which was available on April 5, 1990, and April 11, 1990, was also submitted on November 1, 1990. Once again, however, attention is directed to the fact that Counsel's long-term illness, actually dating from 1982, was not disclosed in this case until it surfaced in an October 3, 1990 response to a September 24, 1990 Order To Show Cause. Finally, Complainant responded to the October 31, 1990 Order Denying Motion To Alter Or Amend And Vacate Order Of October 22, 1990 And For Continuance. This pleading, however, is not to be dignified by consideration. Careful, cautious and complete consideration has been given to each and all of Complainant's defaults and the stated reasons therefor. Only one fair and reasonable conclusion flows from this study. Good cause is not established for either the complete failure to comply with the Discovery Order or to satisfy the June 28, 1990 Pre-Hearing Order.

WHEREFORE, IT IS ORDERED that this case be and it hereby is DISMISSED. The Hearing scheduled on November 6, 1990 at Knoxville, Tennessee is CANCELLED.

       BERNARD J. GILDAY, JR.
       ADMINISTRATIVE LAW JUDGE