Department of Labor: EALJ0345
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I I I U.S. Department of Labor Office of Administrative Law Judges 800 K Street, N.W: Washington, D.C 20001-8002 DATE= J UL 2 % 1993 CASE NO.: 900JTP-17 In the Matter of PHOENIX INDIAN CENTER, INC. Complainant v. U.S. DEPARTMENT OF LABOR Respondent ORDER This matter arises under the Job Training Partnership Act ("JTPA" ), 29 U.S.C. S 1579, et seq., thereunder at 20 C.F.R. Part636. and the regulations issued On April 7, 1993, this Office issued a Decision and Order in which the request for hearing by Phoenix Indian Center, Inc. ('Complainant") was dismissed and a default judgment was entered for failure of Complainant to participate in this matter. On June 22, 1993, Complainant filed with the Office of Administrative Appeals a Motion to Set Aside Order of Default Judgment. In this Order, Complainant stated that it had moved and never received at its new address a copy of the November 24, 1992 Show Cause Order issued by this Office. foregoing, In light of the the Secretary of Labor issued an Order Asserting Jurisdiction and Remand on July 21, 1993. Pursuant to the Secretary's Order, it is hereby ORDERED that this matter with the above caption is REOPENED. In addition, the parties are hereby ORDERED to inform this Office of any change of address which may occur. Finally, Complainant is ORDERED to respond within thirty (30) days from the date of this Order to the April 6, attached. 1990 Prehearing Order, a copy of which is JMV/lm E-ALJ-000345
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I I I
U.S. Department of Labor Office of Administrative Law Judges800 K Street, N.W:Washington, D.C 20001-8002
D A T E = J UL 2 % 1 9 9 3
CASE NO.: 900JTP-17
In the Matter of
PHOENIX INDIAN CENTER, INC.Complainant
v.
U.S. DEPARTMENT OF LABORRespondent
ORDER
This matter arises under the Job Training Partnership Act
("JTPA" ), 29 U.S.C. S 1579, et seq.,thereunder at 20 C.F.R. Part636.
and the regulations issued
On April 7, 1993, this Office issued a Decision and Orderin which the request for hearing by Phoenix Indian Center, Inc.('Complainant") was dismissed and a default judgment was enteredfor failure of Complainant to participate in this matter. OnJune 22, 1993, Complainant filed with the Office ofAdministrative Appeals a Motion to Set Aside Order of DefaultJudgment. In this Order, Complainant stated that it had movedand never received at its new address a copy of the November 24,1992 Show Cause Order issued by this Office.foregoing,
In light of thethe Secretary of Labor issued an Order Asserting
Jurisdiction and Remand on July 21, 1993.
Pursuant to the Secretary's Order, it is hereby ORDEREDthat this matter with the above caption is REOPENED. Inaddition, the parties are hereby ORDERED to inform this Office ofany change of address which may occur. Finally, Complainant isORDERED to respond within thirty (30) days from the date of thisOrder to the April 6,attached.
1990 Prehearing Order, a copy of which is
JMV/lm
E-ALJ-000
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II
(3)
(4)
(5)
(6)
(7)
a list of all the documents that party expects to use as evi-dence.
an estimate of the number of days required for hearing.
the Parties shall exchange copies of proposed documents andexhibits on or before the date specified for the prehearingexchange. An y documentary evidence not furnished will be ex-cluded from the record unless good cause is shown for suchfailure to produce.
identify any other proceeding which is related to, or mayaffect the progress of this ca se , and explain the nature ofthe relationship to the instant case.
suggest a suitable location for the hearing and explain thepreference for that location. It will be helpful for any ofthe parties to identify potential court or hearing room faci-lities that would be suitable for the trial of this case.
The parties should be prepared at the beginning of the hearing tostipulate the admission of facts and documents about which there isno dispute. Copies of all documents filed with the Office ofAdministrative Law Judges must be served on all parties.
In case of settlement, the Office of Administrative Law Judgesshould be immediately advised of the circumstances by letter ortelephone call.
NOTICE. Failure to comply timely with this Prehearing Order, withoutgood cause shown, may result in the dismissal of the proceeding orthe imposition of other appropriate sanctions against the offendingparty.
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M. VITTONE
Dated:
APR - 6 199i)
ty_Chief Judge* _a
Washington, D.C.
JMV/sas
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SERVICE SHEET
Case Name: Phoenix Indian Center Inc.
Case No.~ 900JTP-17
Title of Document: NOTIFICATION OF RECEIPT OF REQUEST FOR HRG
A copy of the above document was sent to the following:
David 0. WilliamsOffice of the Special CounselEmployment & Training Admin.Room N4671200 Constitution Ave., NW
Washington, D.C. 20210
Harry Sheinfeld, Counsel forLitigation
Office of the SolicitorRoom N-2101200 Constitution Ave., NW
Washington, D.C. 20210
Karen A. ThorneJTPA CoordinatorPhoenix Indian Center, Inc.
A United Way Agency333 West Indian School RoadPhoenix, AR 85013
Charles A. Wood, Jr.Contract/Grant OfficerChief, Division of Audit
Closeout and Appeals ResolutionU.S. Department of LaborEmployment f Training Admin.200 Constitution Ave., NW
Washington, D.C. 20210
Daniel Teehan
Regional SolicitorU.S. Department of Labor71 Stevenson St., 10th Fl.
P.O. Box 3495San Francisco, CA 94119-349s
