Harvey v. Cedar Creek

Plaintiffs claim was set for hearing before Deputy Commissioner Phillip A. Holmes on 15 November 1999. Plaintiff and her counsel failed to appear at the hearing, and defendants moved for a dismissal of plaintiffs claim without prejudice. On 22 November 1999, Deputy Commissioner Holmes dismissed plaintiffs claim but did not specify whether it was with or without prejudice. On 24 January 2000, plaintiff filed a new Form 33 Request for Hearing. Defendants filed a Motion to Strike plaintiffs request for hearing on grounds that plaintiffs claim had been dismissed with prejudice. By Order of the…