2026STA00020•Order RULING AND ORDER-For the foregoing reasons, Complainant’s motion is DENIED and as a sanction is considered stricken. Complainant is also hereby prohibited from filing any further motions for summary decision, in full or part, or from seeking to strike any of Respondent’s counter-allegations or defenses. This matter is best decided on the merits after full hearing and presentation of evidence. The formal hearing in this matter remains scheduled to be conducted on November 17-18, 2026, beginning at 9:30 a.m. Central Time. — 2026STA00020
Order RULING AND ORDER-For the foregoing reasons, Complainant’s motion is DENIED and as a sanction is considered stricken. Complainant is also hereby prohibited from filing any further motions for summary decision, in full or part, or from seeking to strike any of Respondent’s counter-allegations or defenses. This matter is best decided on the merits after full hearing and presentation of evidence. The formal hearing in this matter remains scheduled to be conducted on November 17-18, 2026, beginning at 9:30 a.m. Central Time. — 2026STA00020
2026STA00020Dol Oalj
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UNITED STATES DEPARTMENT OF LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES COVINGTON DISTRICT Issue Date: 13 October 2026 TRINTON GIPSON VERSUS BIMBO BAKERIES USA, INC. CASE NO.: 2026-STA-00020 OSHA NO.: 301059476 JUDGE DAN C. PANAGIOTIS RULING AND ORDER Before the Court is pro se “COMPLAINANT’S MOTION FOR PARTIAL SUMMARY DECISION OR, IN THE ALTERNATIVE, MOTION TO STRIKE RESPONDENT’S AFFIRMATIVE DEFENSES NOS. 5 AND 6 PURSUANT TO 29 C.F.R. § 18.72 AND FED. R. CIV. P. 12(f).” Respondent opposes this motion and points out that Complainant has once again violated this Court’s standing order regarding use of Artificial Intelligence. The Court excused the first violation by Complainant with an admonishment. This time is different. The Court understands that Complainant is self-represented and that it may be difficult to conduct sophisticated litigation on the same level as a licensed attorney. Nonetheless, a Notice of Burdens of Proof was issued to Complainant on June 2, 2026 for which he confirmed receipt on June 4, 2026. Besides setting out the burdens of proof for his claim, the Notice also advised that Complainant would be subject to the Rules of Practice and Procedure for Administrative Hearings before the Office of Administrative Law Judges (“Rules of Procedure”). 29 C.F.R. Part 18, Subpart A. More specifically, the Court stated: Self-represented litigants are “afforded certain latitudes”; however, they are “not excused from the rules of practice and procedure applicable to th[e] proceedings merely because of his [or her] pro se status.” Jeanty v. Lily Transp. Corp., ARB No. 19-00005, ALJ No. 2018-STA-00013, slip op. at 12 (ARB May 13, 2020).
[2] In its Hearing Order, the Court also stated: 12. Artificial Intelligence (“AI”). If any attorney for a party, or a pro se party, has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with OALJ and assigned to the undersigned, they MUST, in a clear and plain factual statement, disclose that AI has been used in any way in the preparation of the filing and CERTIFY that each and every citation to the law, or the record, in the paper has been verified as accurate by an attorney, pro se party, or lay representative. Upon being advised that Complainant had violated the Court’s order for a second time, the Court undertook its own review of Complainant’s pleading and citations and confirmed that certain authorities cited therein could not be verified. A Procedural Order was issued on September 24, 2026, requiring Complainant to show cause why he should not be sanctioned for signing and filing a false Artificial Intelligence Disclosure and Certification with his Motion for Partial Summary Decision. Complainant responded the same day admitting he made “mistakes” in checking his submissions and accepting responsibility for his actions. While this is appreciated, Complainant also made such representations the first time the Court’s requirements were violated. Once is a mistake. Twice is the beginning of a pattern and not as easily dismissed. The Court finds Complainant should be sanctioned for his behavior this time with more than a simple admonishment. Respondent and the Court have had to expend time and resources because of Complainant’s “mistakes.” Time, especially once spent can never be recovered. As a sanction, the Court will strike Complainant’s motion in its entirety. Further, Complainant will be prohibited from filing any additional motions for partial or full summary decision. Moreover, the parties have each previously filed motions for summary decision in this matter which have been denied due to genuine issues of material fact. See Hearing Order issued July 6, 2026. Had the Court not stricken Complainant’s motion, it would have once again been denied for the same reasons.
[3] For the foregoing reasons, Complainant’s motion is DENIED and as a sanction is considered stricken.1 Complainant is also hereby prohibited from filing any further motions for summary decision, in full or part, or from seeking to strike any of Respondent’s counter-allegations or defenses. This matter is best decided on the merits after full hearing and presentation of evidence. The formal hearing in this matter remains scheduled to be conducted on November 17-18, 2026, beginning at 9:30 a.m. Central Time. SO ORDERED. DAN C. PANAGIOTIS UNITED STATES ADMINISTRATIVE LAW JUDGE 1 Technically because of electronic filing the motion cannot be physically stricken from the record. Notwithstanding its digital existence, the Court will not consider the motion any further.
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