Following the prior reported August 17, 2015 news release announcing the appointment of Judge MaryJoan McNamara as an ALJ, Judge McNamara wasted very little time in issuing on September 9, 2015, Order No. 99: Order To Show Cause Why Complainants And Respondent Eroglu, As Well As Their Counsel, Should Not Be Monetarily Sanctioned Or Face Other Consequences For Such Behavior As Failure To Timely Comply With Orders in Certain Laser Abraded Denim Garments, Inv. No. 337-TA-930. In Order No. 96, Judge McNamara initially sought more information from the parties regarding “some of Eroglu’s allegations that it was unable to engage in settlement discussions with Complainants despite numerous requests” in response to Complainants’ second motion for default against Eroglu. In light of the parties’ responses “which involved finger-pointing, contradictions, discussions of settlement activity not relevant to the specific questions … posed, and a disregard for the Commission’s Rules, Ground Rules, and Amended Notice of Investigation,” Judge McNamara ordered the parties to show cause why Complainants and Eroglu, as well as their counsel, should not be monetarily sanctioned or face other consequences for, inter alia, failure to timely conduct the following activities ordered in the Procedural Schedule: “ a first settlement conference;  file a first settlement conference report;  a one-day in-person mediation session;  file a report of the one-day in-person mediation session” Judge McNamara considers the foregoing “failure to timely complete the activities and file the reports ordered by Chief Administrative Law Judge Bullock to be a serious and perplexing lapse on the part of Complainants and Eroglu.” Judge McNamara listed several “possible mitigating factors,” including “Actual settlement between Complainants and Eroglu.”
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ALJ McNamara issues order to show cause why complainants and respondent should not be sanctioned in 930 investigation
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