Former Employees of Thermal & Interior, Vandelia Operations of Delphi Corp. v. United States Sec'y of Labor , 2005 CIT 165 ( 2005 )

Slip Op. 05-165
UNITED STATES COURT OF INTERNATIONAL TRADE
FORMER EMPLOYEES OF THERMAL &
INTERIOR, VANDELIA OPERATIONS
OF DELPHI CORP. (UNITED Before: Richard W. Goldberg,
STEELWORKERS OF AMERICA), Senior Judge
Plaintiff, Court No. 05-00040
v.
UNITED STATES SECRETARY OF
LABOR,
Defendant.
MEMORANDUM OPINION AND JUDGMENT ORDER
GOLDBERG, Senior Judge: This case, involving a denial of
certification for trade adjustment assistance by the U.S.
Department of Labor, is before the Court following an order to
show cause why this action should not be dismissed for lack of
prosecution. The Court has jurisdiction pursuant to
28 U.S.C. § 1581(d).
This action was filed by plaintiff on January 18, 2005.
Issue was joined by the filing of defendant’s answer on March 25,
2005. Subsequently, the Court entered a scheduling order to
govern disposition of the case. That scheduling order
established a due date of October 3, 2005 for any motions by
plaintiff addressed to the pleadings, the administrative record
or other matters related to the case. Following plaintiff’s
failure to submit any such motions by that date, and upon proper
Court No. 05-00040 Page 2
motion by defendant, the Court issued an order to show cause why
this case should not be dismissed for failure to prosecute.
Plaintiff’s response to this order to show cause was due on
December 12, 2005. To date, no response has been filed.
Accordingly, upon consideration of the foregoing, and upon
due deliberation, it is hereby
ORDERED that, pursuant to USCIT Rule 41(b)(3), this action
is dismissed for lack of prosecution.
SO ORDERED.
/s/ Richard W. Goldberg
Richard W. Goldberg
Senior Judge
Date: December 28, 2005
New York, New York