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Federal Employees: You be the Judge


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husker444  
#1 Posted : Tuesday, July 16, 2019 7:08:33 PM(UTC)
husker444

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A couple quick questions for the experts.

Following a ROI investigation against a DOD agency, I opted to have an EEOC hearing for my complaint. About a year and a half went by during which time i heard absolutely nothing from the EEOC . I did call and confirm they had my request for a hearing but that was all I got from them. That was about 8 months ago.

Out of the blue a few weeks ago I get a motion for summary judgement from the AJ and I had 15 days to respond to it (which i did pro-se). Before that nothing, I didn’t even know i had a judge assigned.

So my first question is this ; aren’t I supposed to get an acknowledgment order or something showing a judge has been assigned to my case etc... seemed odd that i get a summary judgement without even knowing I’d been assigned a judge? Is that normal?

Second question, so i think i did a pretty good job in combatting the Motion for Summary Judgement, 15 pages of good quality analysis with footnotes challenging facts, witness credibility, etc with documents within the ROI etc, disputing material facts as the non-moving party and I submitted my response in a timely fashion on the deadline dated as stated in the AJ’s Motion.

I get the AJ’s ruling yesterday ( I lost) and in the first paragraph he states i submitted my response on the day after i actually did. My date stamp on my email shiws to him and opposing counsel confirm it was sent on the deadline day per the AJ’s directions. He obviously received it and it was the only correspondence I've ever sent to him so no mistaking it for something else.

So my question is why would he say in the decision (which favored the agency) that my response was not timely? I was thinking that my response and the evidence i provided was pretty incriminating against the agency and perhaps this way it could not be taken into consideration??

How can i correct the record to show i did timely file for the motion given that I’ll be appealing the ruling? I want to ensure my appeal reflects the correct facts and my evidence gets submitted into the record?

Thanks and I look forward to your comments and suggestions
TheRealOrange  
#2 Posted : Wednesday, July 17, 2019 10:46:07 AM(UTC)
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Well, the Administrative Judge may, based solely on his/her determination, issue a summary judgment decision without conducting a hearing. The AJ must determine that some or all of the material facts are not in genuine dispute. Further, the AJ must give notice to the parties and provide them with the opportunity to respond within 15 days of receipt of the notice. It appears that you received the proper notice and opportunity. You indicate that the AJ's ruling stated that you filed your response late, but was the decision based on that? Or, despite the late filing, did the AJ still consider your response and rule on the summary judgment and base the decision on a determination that there was no genuine dispute about any material facts? If the AJ indicated that he/she would not consider your response because it was filed late, then I think you can challenge that determination if you have evidence that the response was submitted by the deadline.
husker444  
#3 Posted : Wednesday, July 17, 2019 11:23:56 AM(UTC)
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Thank you for your response.

Its unclear wether he did or not. He only mentioned that was submitted the day after the the deadline.

None of the genuine facts thatI disputed appeared in his decision,. Assuming some were not valid at least one or two should have been mentioned and been grounds fit a defeat of the motion i would gave thought.

I aldo submitted documents from the agency which were withheld from the IRD and not in the ROI which I surely thought were a dispute of genuine material fact (the identified the management official responsible contradicting all if the agency witnesses sworn affidavits) and no mention of those or if they were admitted into evidence as I had requested.

So I'm unsure about what occurred. He did comment tat failed to offer even a “scintilla “ of proof which i thought was quite the opposite of the whole matter as I've provided almost all the evidence in the ROI and the agency very little .

Do i font know what to think.

Im just worried this statement could affect my appeal etc.
DroneBee  
#4 Posted : Wednesday, July 17, 2019 2:47:13 PM(UTC)

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Originally Posted by: husker444 Go to Quoted Post
He only mentioned that was submitted the day after the the deadline.

This means that your appeal was untimely. This is a common reason for getting cases off plates - the AJs will just say it without any proof.

Originally Posted by: husker444 Go to Quoted Post
None of the genuine facts that I disputed appeared in his decision.

The AJs don't care about you or your case, and probably didn't even read it.

Originally Posted by: husker444 Go to Quoted Post
He did comment that I failed to offer even a "scintilla" of proof which i thought was quite the opposite of the whole matter as I've provided almost all the evidence in the ROI and the agency very little.

This is unfortunate and a common tactic by the AJs - to state "scintilla"! That means that the AJ believes you have absolutely no case - or just stated it without even reading your complaint.

Originally Posted by: husker444 Go to Quoted Post
Im just worried this statement could affect my appeal etc.

Your appeal to the OFO? If so, then yes, you will not "win." The entire process is in the agency's pocket. If you still have your job, then I suggest you get a new one pronto.

I'm truly sorry that you had to go through this. I've been preaching for years on this website that the entire process is rigged for the agency.

God Bless.

husker444  
#5 Posted : Wednesday, July 17, 2019 2:52:15 PM(UTC)
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Thanks Dronebee,

I got a couple tricks up my sleeve yet.

I figured he didn't read it because there was nit one thing i said in his decision.

I guess I’ll see what happens. But thanks for well wishes!
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