![]() ![]() ![]() 2021 (reinstating Secretary's Findings because Respondent's request for hearing was not timely) LEXIS 189833) (Report and Recommendation), adopted Kestler v. The court stated that failure to timely file an amended complaint would result in dismissal without further notice. Plaintiff was provided an opportunity to file an amended complaint setting forth what relief he is seeking from the District Court. The dismissal of Plaintiff's motion was without prejudice. Any person aggrieved by an order issued pursuant to the procedures in § 42121(b), may obtain review of the order in the United States court of appeals. Section 42121(b)(4)(A) provides that a final order issued after a hearing may be reviewed by the United States Court of Appeals. In Plaintiff's case, discovery had begun, but the ALJ dismissed the complaint as a sanction for Plaintiff's failure to comply with discovery.The court explained that such review is in a Court of Appeals: The court found that Plaintiff may be seeking judicial review of the ARB's affirmance of the ALJ's decision, although it was unclear from Plaintiff's complaint. The case against the ALJ is therefore dismissed. The ALJ clearly possessed jurisdiction in the pending matter before the Department of Labor. The ALJ enjoys absolute immunity from suit so long as he or she did not act in the clear absence of jurisdiction. An ALJ may not be sued for acts or omissions occurring in connection with duties performed on the United States' behalf.LEXIS 211330), the District Court denied a motion filed by Plaintiff which, though rambling and incoherent, appeared to contest a discovery ruling by the presiding ALJ in an AIR21 administrative hearing, which resulted in the sanction of dismissal. MOTION SEEKING DISTRICT COURT REVIEW OF ARB'S AFFIRMANCE OF ALJ'S DISMISSAL OF AIR21 COMPLAINT AS A SANCTION FOR PLAINTIFF'S FAILURE TO COMPLY WITH DISCOVERY ORDERS COURT DENIES MOTION POINTING OUT THAT SUCH REVIEW MUST BE SOUGHT IN A COURT OF APPEALS MOTION IN DISTRICT COURT AGAINST ALJ SEEKING REVIEW OF DISCOVERY RULING THAT RESULTED IN DISMISSAL OF AIR21 ADMINISTRATIVE COMPLAINT MOTION DENIED BECAUSE ALJS ENJOY ABSOLUTE IMMUNITY FROM SUIT SO LONG AS THE ALJ WAS ACTING WITHIN HIS OR HER JURISDICTION 2017) (the standard of review under the APA is "highly deferential, presuming the agency action to be valid and affirming the agency action if a reasonable basis exists for its decision" (citation and internal quotation marks omitted)).” § 42121(b)(2)(B) (setting forth requirements for AIR21 claim) Nat'l Mining Ass'n v. The court also found that the ARB “correctly dismissed Aityahia's AIR21 claim based on Mesa Airlines' refusal to rehire him in 2017 because Aityahia failed to demonstrate that a violation occurred. 2010) (setting forth doctrines of equitable tolling and equitable estoppel). § 42121(b)(1) (requiring an administrative complaint be filed not later than 90 days after an alleged AIR21 violation occurs) Coppinger-Martin v. The court found that that the ARB “correctly dismissed Aityahia's AIR21 claim based on any unfavorable personnel actions taken by respondent Mesa Airlines in 2013 because his claim was untimely and Aityahia failed to show that equitable principles applied to toll the limitations period. The Ninth Circuit denied Aityahia’s petition for review. LEXIS 37324) (not published) (Memorandum ) The Magistrate Judge issued a recommended decision that included a recommendation to dismiss the § 218c claim because there was no evidence that Plaintiff had first filed an administrative complaint with OSHA as required by § 2087(b), and therefore the FLSA claim was not properly before the district court.Īviation Investment and Reform Act for the 21st Century Aityahia v. § 218c (Affordable Care Act), which incorporates the procedures of the Consumer Product Safety Improvement Act, 15 U.S.C. She later amended the complaint to assert several additional Federal statutes, including the whistleblower protections of the Fair Labor Standards Act, 29 U.S.C. ![]() LEXIS 35831 2021 WL 767859), Plaintiff filed a complaint alleging ADA and Rehabilitation Act claims. LEXIS 35831 2021 WL 767859) (Recommended Decision on Defendant's Motion to Dismiss)ĭISTRICT COURT JURISDICTION OVER AFFORDABLE CARE ACT WHISTLEBLOWER COMPLAINT WHERE PLAINTIFF HAD NOT FIRST FILED AN ADMINISTRATIVE COMPLAINT WITH OSHA MAGISTRATE’S RECOMMENDATION TO DISMISS Aviation Investment and Reform Act for the 21st CenturyĪffordable Care Act Bailey v.
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