July 12, 2018

In the Matter of the Debt Collection Act Petitions

MARTHA FLORES v. UNITED STATES POSTAL SERVICE

P.S. Docket Nos. DCA 12-373, DCA 13-134

APPEARANCE FOR PETITIONER:
James Wright

APPEARANCE FOR RESPONDENT:
Robert DiPaolo
Labor Relations Specialist

DISMISSAL WITHOUT PREJUDICE

Following six years of delays in this case at the insistence of the parties, and following my issuance of twenty-eight Orders in efforts to proceed to a hearing, on June 26, 2018, I issued an Order to Show Cause.  I explained that, absent extremely compelling reasons, I no longer could countenance continued suspension of this case.  I stated my intention to dismiss this case without prejudice if the parties did not show cause why I should take alternative action.
The parties filed a joint response.  I infer from that response that the parties prefer continued suspension due to a case that has been pending at the Equal Employment Opportunity Commission since September 28, 2016.  The parties represented that the expected EEOC decision “will impact this case,” but did not provide any further details or explanation despite my directive that they explain a request for continued suspension in detail.
The parties also stated that they do not oppose a dismissal without prejudice so long as Petitioner does not waive her Debt Collection Act rights.
The Debt Collection Act contemplates expedited proceedings, and the issuance of final decisions within sixty days.  Of course, resolution within sixty days often is not practical, and my general philosophy as a judge is that the primary consideration in case scheduling should rest with the wishes of the parties.  Nonetheless, I also must consider the statutory directive to proceed with appropriate expedition.
Because (1) the parties have never explained how the anticipated EEOC decision is expected to affect this case, (2) the parties do not oppose dismissal without prejudice, and (3) I perceive no prejudice to either party if I dismiss this case without prejudice, I am taking that action.
This dismissal is without prejudice, meaning that the parties may re-file this case, at a time of their choosing.  If the parties wish to re-file, they jointly should contact the Judicial Officer Department, and request a conference with me to receive further instructions.  In the interim, the Postal Service remains prohibited from further collection activity.

ORDER

The Petitions are dismissed without prejudice.

Gary E. Shapiro
Administrative Judge