2022SOX00009•Order NOTICE OF MOTIONS RULINGS (Complainant`s October 14, 2026, Two Emergency Motions and One Motion for Leave) — 2022SOX00009
Order NOTICE OF MOTIONS RULINGS (Complainant`s October 14, 2026, Two Emergency Motions and One Motion for Leave) — 2022SOX00009
2022SOX00009Dol Oalj
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UNITED STATES DEPARTMENT OF LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES COVINGTON, LA DISTRICT OFFICE __________________________________ Issue Date: 15 October 2026 In the Matter of: TAMIKA MILLER, Complainant, v. CITICORP CREDIT SERVICES, INC., Respondent. CASE NO.: 2022-SOX-00009 OSHA NO: 6-3280-20-102 JOHN M. HERKE Administrative Law Judge NOTICE OF MOTIONS RULINGS (Complainant’s October 14, 2026, Two Emergency Motions and One Motion for Leave) 1. Basis of Ruling. On August 15, 2026, Complainant filed a 70-page “emergency” motion seeking multiple forms of relief. Review of that motion did not reveal any “emergency;” nonetheless, after a failed attempt to schedule a conference with all concerned parties, I issued a ruling on Complainant’s motion on September 11, 2026. In that ruling, I noted particularly that the motion appeared to have been generated almost entirely through the use of Artificial Intelligence (AI), because large sections of the motion had no bearing on the substantive aspects of Complainant’s case. Complainant has now filed another 70-page “emergency” motion as to which there does not appear to be any real emergency,1 a 14-page “emergency” motion with no demonstrated emergency,2 and a 24-page motion (with 71 pages of exhibits) seeking the seemingly simple relief of being allowed to amend her complaint. The first motion is entitled “EMERGENCY MOTION FOR PROTECTIVE ORDER, TO QUASH OR LIMIT DEPOSITION, TO COMPEL PRODUCTION OF A COMPLETE DISCOVERY INDEX AND ALL PRIOR DISCOVERY REQUESTS AND RESPONSES, TO COMPEL PRODUCTION OF ALL PREVIOUSLY REQUESTED DISCOVERY REGARDLESS OF BOILERPLATE OBJECTIONS, TO LIMIT ALL DISCOVERY GOING FORWARD TO SEVEN DAYS, AND REQUEST FOR EMERGENCY HEARING.” The second motion is entitled “EMERGENCY MOTION FOR EXPEDITED CONSIDERATION OF HER MOTION FOR LEAVE TO FILE THIRD AMENDED 1 The “emergency” in this motion appears to be that Complainant was served with a deposition notice on August 26, 2026, and she then waited approximately six weeks before objecting to the scheduled deposition—which is still five weeks away on November 20, 2026. 2 The “emergency” nature of a motion for leave to amend a complaint is entirely unclear.
- 2 - COMPLAINT, FOR IMMEDIATE PRESERVATION ORDER, TO COMPEL DISCOVERY AND FOR SANCTIONS FOR DISCOVERY ABUSE, AND FOR STATUS CONFERENCE.” The third motion is entitled simply “COMPLAINANT'S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT.”3 2. Analysis. Each of the three motions at issue appears to have been AI-generated. For example, each motion includes an admonitory “notice” to me and to Respondent’s counsel that it “is filed by a pro se litigant. Pursuant to Haines v. Kerner, 404 U.S. 519, 520 (1972), the pleadings of pro se litigants are held to ‘less stringent standards than formal pleadings drafted by lawyers.’” Additionally, one of the motions discusses at length alleged “spoliation of evidence” that is neither mentioned in the motion title nor included in the “Relief Requested.” And, notably, the “relief requested” numbers 39 requested orders, findings, and rulings—not including subparts. Moreover, the “relief requested” includes not only duplicative items, but also items that almost certainly cannot be accomplished within the timeframes stated, such as asking me to “Order Respondent, within 7 calendar days, to produce a complete Discovery Index and copies of all discovery requests, responses, and objections served in this case since 2022.”4 AI has come a long way in a short time. But it is neither a substitute for experienced lawyers nor an acceptable crutch for self-represented litigants (not yet, at least). As such, I decline to continue expending scarce human resources to decipher the case-specific relevance of machine- generated pleadings. This is particularly true of motions (such as these) that have no clear input from the offeror, especially when those pleadings are so heavily filled with side issues that have no clear bearing on the issues presented in the title of the motion. Complainant’s two “emergency” motions will be denied—but solely on the basis that they clearly appear to be AI-generated and they have not established a true “emergency.” Complainant’s motion for leave to file a third amended complaint will also be denied—but solely because it, too, clearly appears to be AI-generated and it contains large amounts of material that is unnecessary to the relief requested. Complainant may re-file her motion for leave to file a third amended complaint, but before doing so, Complainant should delete as unnecessary i. the “introduction,” ii. the “procedural history,” 3 One wonders why it would take 24 single-spaced pages and 71 pages of exhibits to seek permission to amend a complaint to add new allegations. To actually amend the complaint might, perhaps, require such complexity, but simply to seek leave to do so should and must be a much shorter exercise. The inordinately lengthy natures of the submissions pointed out herein are simply further evidence of machine-generated pleadings. 4 See Complainant’s “Emergency Motion for Protective Order and other relief,” at p. 18. The syntax of the sentence also causes the requested relief to be unclear: Does Complainant want me to issue the order within 7 calendar days, or does Complainant want me to order Respondent to comply with the order within 7 calendar days of its issuance? I also note—again—that Complainant’s motions lack any page numbers, thus requiring me to laboriously count through the pages to ensure accurate citations to the record. Leaving pages unnumbered in pleadings reflects neither best practices nor an eye toward efficiency for all concerned.
- 3 - iii. all references to previous settlement talks and proffers of “conditions precedent” to settlement, iv. arguments not bearing on the proposed “new allegations to be added” – such as items 19(a) through (o) and items 20(a) through (f) that are attempts to pre-argue the case; v. references to discovery requests (item 20(g); “Background Evidence” (all of subsection B beginning on page 12); and vi. the “request to extend discovery” (all of item VI beginning on page 21). Simply put, going forward the parties may file whatever pleadings they deem appropriate as long as those pleadings are thought out by the party or a human representative, written by the party or a human representative, and limited to the relief requested (in other words, not including multiple sections having perhaps something to do with the eventual hearing, but nothing to do with the subject of the pleading itself). As to the remaining relief requested in Complainant’s motions, I will conduct a conference with the parties to put this case back on track toward an efficient and effective resolution. Toward that end, the parties SHALL confer with each other by telephone, MS Teams, or Zoom (NOT by email alone), and shall agree on at least two mutually available dates and times on which to conduct a conference with me. Counsel for Respondent shall then communicate the two mutually available dates and times to my paralegal, Kasey Courtney, by email at Courtney.Kasey.A@dol.gov (with a copy to Complainant). I will select one of the available dates and issue a conference order. In the meantime, the scheduled November 20, 2026, deposition remains scheduled; it is not canceled, but I expect the parties to agree on mutually available conference dates that allow plenty of time to determine whether that scheduled deposition will go forward. 3. Rulings. a. Complainant’s EMERGENCY MOTION FOR PROTECTIVE ORDER, TO QUASH OR LIMIT DEPOSITION, TO COMPEL PRODUCTION OF A COMPLETE DISCOVERY INDEX AND ALL PRIOR DISCOVERY REQUESTS AND RESPONSES, TO COMPEL PRODUCTION OF ALL PREVIOUSLY REQUESTED DISCOVERY REGARDLESS OF BOILERPLATE OBJECTIONS, TO LIMIT ALL DISCOVERY GOING FORWARD TO SEVEN DAYS, AND REQUEST FOR EMERGENCY HEARING is denied without prejudice to refiling, if necessary, after the next scheduled conference as discussed above. b. Complainant’s EMERGENCY MOTION FOR EXPEDITED CONSIDERATION OF HER MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, FOR IMMEDIATE PRESERVATION ORDER, TO COMPEL DISCOVERY AND FOR SANCTIONS FOR DISCOVERY ABUSE, AND FOR STATUS CONFERENCE is denied without prejudice to refiling, if necessary, after the next scheduled conference as discussed above. c. COMPLAINANT'S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT is denied without prejudice to re-filing at Complainant’s convenience, but subject to the restrictions set forth above in section 2 of this motions ruling.
- 4 - d. The parties SHALL confer with each other by telephone, MS Teams, or Zoom (NOT by email alone), and shall agree on at least two mutually available dates and times on which to conduct a conference with me. Counsel for Respondent shall then communicate the two mutually available dates and times to my paralegal, Kasey Courtney, by email at Courtney.Kasey.A@dol.gov (with a copy to Complainant). e. I will select one of the available dates provided and issue a conference order. f. The November 20, 2026, scheduled deposition remains scheduled; it is not canceled at this time, but I expect the parties to agree on mutually available conference dates that allow plenty of time to determine whether that scheduled deposition will go forward. SO ORDERED this day at Covington, Louisiana. JOHN M. HERKE Administrative Law Judge
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