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Erickson v. U.S. Environmental Protection Agency, ARB No. 03-002, ALJ No. 1999-CAA-2 (ARB Nov. 13, 2002)
| U.S. Department of Labor | Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210 |  |
ARB CASE NOS. 03-002
03-003
03-004
ALJ CASE NOS. 1999-CAA-2
2001-CAA-8
2001-CAA-13
2002-CAA-3
2002-CAA-18
DATE: NOV 13 2002
In the Matter of:
SHARYN ERICKSON,
v.
U.S. ENVIRONMENTAL PROTECTION
COMPLAINANT,
AGENCY, REGION 4, ATLANTA, GA.
and
EPA INSPECTOR GENERAL
RESPONDENTS.
Petitioner Sharyn Erickson, has requested an enlargement of time for her counsel to file an opening brief in this case. In support of this request Ms. Erickson's counsel asserts that Ms. Erickson's son had to be transported to the hospital on October 28. Ms. Erickson's counsel also says that he "has arthritis, which interferes with several major life activities" and that "[a]rthritis in turn makes counsel more susceptible of colds and flus due to the immune suppression from arthritis." Counsel does not state that his arthritis has either contributed to his inability to file a timely brief or that he currently suffers from a cold or flu that has precluded the filing of a timely brief
While we have great sympathy for Ms. Erickson and her son, as we have previously reminded Ms. Erickson's counsel, Ms. Erickson is not pro se and this proceeding before the Administrative Review Board is an appellate proceeding based entirely on the record compiled before the Administrative Law Judge. Thus, it would appear that the necessity of Ms. Erickson assisting her counsel in preparing her brief on appeal should be quite limited. Nevertheless, because the enlargement of time requested is of limited duration and is of reasonable length, the Emergency Motion to Modify Briefing Schedule is GRANTED.
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The Briefing schedule established by the Board on October 3, 2002, is modified as follows:
1) Each party may file an initial brief, not to exceed forty (40) double'spaced typed pages, on or before November 20, 2002.
2) Each party may file a reply brief, not to exceed forty (40) double-spaced typed pages. on or before December 20, 2002.
3) Each party may file a rebuttal brief, exclusively responsive to the reply brief and not to exceed twenty (20) double-spaced typed pages. on or before January 3, 2002.
FOR THE ADMINISTRATIVE REVIEW BOARD:
Janet R. Dunlop
General Counsel
