HEARING WITH JUDGE BELL AT 10:00 a.m. NOTICES OF VIDEO HEARING AND PRE-HEARING ORDER — 2026TAX00011

UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Cincinnati, Ohio
______________ Issue Date: 13 October 2026
Case Nos.: 2026-TAX-00010
2026-TAX-00011
OSHA Nos.: 301036134
301034844
In the Matters of:
RACHEL STRAUS AND
VICTORIA BRYANT
Complainants,
v.
NEPHROLOGY ASSOCIATES OF NORTHERN
ILLINOIS, LTD., ET AL.,
Respondent
NOTICES OF VIDEO HEARING AND PRE-HEARING ORDER
I conducted a telephone conference in these cases on October 13, 2026. Ms. Straus and
counsel for Respondent participated in the telephone conference. Ms. Bryant did not participate.
Ms. Straus indicated that she has not yet retained counsel to represent her in this matter. I again
encouraged Ms. Straus to retain counsel. I make the same recommendation to Ms. Bryant.
Pursuant to 29 C.F.R. § 18.43, I am PROVISIONLLY consolidating OALJ Cases 2026-TAX-10
(Rachel Straus v. Nephrology Associates of Northern Illinois) and 2026-TAX-11 (Victoria Bryant v.
Nephrology Associates of Northern Illinois) for discovery purposes. I am NOT now consolidating
the cases for hearing. Any party may move at any time asking me to re-assess my Order regarding
consolidation of these cases.
Respondent seeks to file a separate Motion to Dismiss in each of these cases. Each of
these Motions will be due by 4:00 pm Eastern Time on November 13, 2026. The brief in
opposition will be due by 4:00 pm Eastern Time on December 4, 2026.
Notices of Hearing

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YOU ARE HEREBY NOTIFIED that pursuant to the Taxpayer First Act of 2019 (“TFA”), 26
U.S.C. § 7623(d), and the implementing regulations at 29 C.F.R. § 1989, the formal hearing in case
2026-TAX-10 (Rachel Straus v. Nephrology Associates of Northern Illinois) will commence at 10:00
AM Eastern time on Tuesday, July 13, 2027. The formal hearing in case 2026-TAX-11 (Victoria
Bryant v. Nephrology Associates of Northern Illinois) will commence at 10:00 AM Eastern time
on Tuesday, August 10, 2027. I am scheduling the hearings in each of these cases to be conducted
by video conference. Any party may file a motion asking that the hearing be conducted in person.
If questions arise, or if the parties need assistance, please contact Ryan Orme, Paralegal
Specialist, orme.ryan.e@dol.gov.
Requirements for Filings Made in This Case
All documents to be filed in this case must be sent to us electronically.
We prefer the parties make case filings using our eFile/eServe System (“EFS”), which can
be accessed at https://efile.dol.gov/. You will need to become a registered user of EFS before
making your first filing.
Alternatively, filings may be made by sending the document by e-mail to OALJ-
Cincinnati@dol.gov. To ensure proper delivery, please make “Judge Bell” the first words in the
subject line of the transmitting email.
Please DO NOT send any filings or other documents to us by U.S. Mail, overnight courier,
hand delivery or fax. Please do not send us “hard copies” of documents which have been filed
electronically. Please do not send us discovery materials unless they are attached to a Motion to
Compel (or in opposition to such a Motion) or are attached as supporting evidence to a Motion
for Summary Decision, or are being offered as evidence at the formal hearing.
Pre-Hearing Order
IT IS FURTHER ORDERED that the parties take the following action:
1. INITIAL DISCLOSURES. The Initial Disclosures required by 29 C.F.R. § 18.50(c) shall
be made by December 4, 2026.
2. FACT DISCOVERY. Fact discovery is to commence upon the issuance of this Order
and shall continue until May 7, 2027.
3. MOTION FOR SUMMARY DECISION. Any party may file a Motion for Summary
Decision on or before May 7, 2027. If such a Motion is filed, the opposing party will
have until May 28, 2027, to file a Brief in Opposition. No reply will be accepted.

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4. SUBPOENAS. On February 28, 2024, the Administrative Review Board of the United
States Department of Labor issued a decision in Fagan v. Department of the Navy,
ARB Case 2023-0006. I believe the Fagan decision limits my ability to issue
subpoenas in these cases.
5. RESOLUTION OF DISCOVERY DISPUTES: Until the final resolution of this matter,
Counsel are under a continuing duty to confer about the scheduling of depositions
and to meet (either in person or by telephone – not by mail or electronic mail) and
confer in good faith to resolve any discovery disputes. Any request made to the
Court for assistance in resolving a discovery dispute must contain a certification that
the moving party conferred with opposing counsel and made a sincere effort to
resolve the dispute.
6. SETTLEMENT RESOURCES. The Office of Administrative Law Judges employs highly
experienced mediators with significant experience in the resolution of
whistleblower cases. The services of the mediator are provided at no cost to the
parties. The mediator’s schedule fills quickly, and the parties are encouraged to
discuss whether they wish to seek the assistance of the mediator as early in the
process as possible. Alternatively, the parties are encouraged to review the
settlement judge program described in 29 C.F.R. §18.9, et seq. The hearing date set
forth above will not be continued or cancelled unless the parties submit an
executed settlement agreement prior to the hearing date or the undersigned is
advised, and determines upon the circumstances, that settlement is imminent.
7. RAISING ISSUES WITH THE COURT. The Court is confident the parties will work
cooperatively and in good faith to prepare this case for hearing. Should issues arise,
the parties are directed to consult with one another in a sincere effort to resolve
the matter. If the issue cannot be resolved, the parties are encouraged to seek a
conference call with the Court at the earliest time it appears an impasse has been
reached.
Failure to timely comply with this Pre-Hearing Order without good cause may result in the
dismissal of the proceeding or the imposition of other appropriate sanctions against the non-
complying party.
Steven D. Bell
Administrative Law Judge