HEARING WITH JUDGE NORDBY AT 9:30 a.m. Notice of Hearing and Pre-Hearing Order - PHC set for 6/30/2027 at 2pm Pacific by telephone (VC) — 2026STA00057

UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
San Francisco, California
______________
Issue Date: 09 October 2026
OALJ No.: 2026-STA-00057
In the Matter of:
ZHENGWEI ZHAI,
Complainant,
v.
MARTEN TRANSPORT, LTD,
Respondent.
NOTICE OF HEARING AND PRE-HEARING ORDER
NOTICE OF HEARING
NOTICE: A hearing has been scheduled under the employee protection provisions of 49 U.S.C. §
31105 of the Surface Transportation Assistance Act of 1982 (STAA) and the regulations of the
Secretary of Labor published at 29 C.F.R. Part 1978. Proceedings will be conducted in accordance
with the rules of practice and procedure for administrative hearings before the Office of
Administrative Law Judges, codified at 29 C.F.R. Part 18, subpart A. Formal rules of evidence will
not apply, but rules or principles designed to assure production of the most probative evidence will
be applied. 29 C.F.R. § 1978.107(d).
A telephonic pre-hearing conference will be held on Wednesday, June 30, 2027, at 2:00 pm
Pacific time. The parties are directed to dial into my conference line at (866) 565-7417 and enter
Participant Code 75725621# at the designated time. The parties shall be prepared to discuss the
items listed at 29 C.F.R. § 18.44. The call shall be on the record.
The hearing will begin on Wednesday, July 7, 2027, at 9:30 am at the Department of Labor
Courtroom, at 501 West Ocean Blvd, Courtroom 5150, in Long Beach, California or by
videoconference, and continue each day until completed.
PRE-HEARING ORDER
I. GENERAL RULES
A. NOTICE: Proceedings will be conducted in accordance with the rules of practice and
procedure for administrative hearings before the Office of Administrative Law Judges,
codified at 29 C.F.R. Part 18, subpart A. 29 C.F.R. § 1978.107(a). Formal rules of

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evidence will not apply, but rules or principles designed to assure production of the most
probative evidence will be applied. 29 C.F.R. § 1978.107(d). The ALJ may exclude
evidence that is immaterial, irrelevant, or unduly repetitious. Id.
B. CONTINUANCES FOR PRIOR COMMITMENTS: A motion for a continuance due to a
previously noticed judicial proceeding or other scheduling conflict must be filed within 14
days of this notice. The parties must meet and confer prior to filing a request for
continuance.
C. FILINGS: The parties must file all documents electronically through the eFile/eServe
system (“EFS”) available at https://efile.dol.gov/ or by e-mail at OALJ-
SanFrancisco@dol.gov. Once the document is filed electronically, do not send the original
document unless requested by me. Filing by facsimile is not authorized in this case. The
parties must serve each other electronically. All timelines for any response will be
calculated from the date the document is electronically served.
D. INTERPRETERS OR TRANSLATION SERVICES: As soon as possible, but no later than
30 days before the hearing, the parties must provide written notice of whether an interpreter
or other translation services will be needed at the hearing. Parties may provide their own
interpreter or request that one be provided by the Department of Labor.
E. TELEPHONIC TESTIMONY: The parties must meet and confer regarding telephonic
testimony and request permission in writing to have a witness testify by phone no later than
the time of the prehearing conference. The party calling the witness by telephone must
make all necessary arrangements for the testimony. Any request for witness
accommodation must be received no later than 14 days before the hearing absent good cause
for a last-minute request.
F. COURTROOM ELECTRONICS: This Office does not supply any electronic equipment or
devices necessary to view, play, or listen to any evidence or testimony. If any party wishes
to play CDs, DVDS, or use PowerPoint or other computer based programs for viewing
evidence or argument, they must supply any equipment necessary to present the evidence or
argument.
G. NOTICE OF PUBLIC HEARING: Hearings under the STAA are open to the public. 29
C.F.R. § 18.81. Final agency decisions are posted on the agency website. See 5 U.S.C.
§ 552(a)(2).
II. DISCOVERY
A. Formal discovery may be conducted according to 29 C.F.R. Part 18 unless the STAA, its
implementing regulations or this pre-hearing order imposes a different requirement. See
generally 29 C.F.R. §§ 18.50-18.57.

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B. No later than February 5, 2027, the parties are ordered to make all disclosures required by
29 C.F.R. § 18.50(c) if they have not already done so. The parties have a continuing duty to
update disclosures pursuant to 29 C.F.R. § 18.53.
C. No later than February 5, 2027, the parties shall hold a conference of the parties and
develop a discovery plan pursuant to 29 C.F.R. § 18.50(b).
D. The parties must complete discovery, including serving expert witness reports or disclosures
and all depositions of non-experts, as early as possible, and no later than February 5, 2027.
Discovery-related motions shall be filed in advance of the deadline such that any responses
to the motions are due filed on or before the deadline. See 29 C.F.R. § 18.32, .33 (14 days
for motion responses plus three additional days if served by mail).
E. Expert witness reports and disclosures must comply with 29 C.F.R. § 18.50(c)(2).
F. The following set of pre-hearing deadlines apply:
Disclosures and discovery plan November 6, 2026
Amendment to pleadings November 6, 2026
Discovery: March 3, 2027
Dispositive motions: March 3, 2027
Responses to dispositive motions March 24, 2027
Pre-Hearing Statements, Witness
Lists, Exhibit Indexes June 4, 2027
File Exhibits: June 30, 2027
Regarding motions for summary decision, any party filing a motion for summary decision
shall include with its motion and evidence a set of “Proposed Findings of Fact and
Conclusions of Law” in separate individually numbered paragraphs, one fact or conclusion
per paragraph, setting forth the material facts as to which the moving party contends there is
no genuine dispute. Any party who opposes the motion shall serve and file with the
opposing papers a separate document containing a corresponding “Statement of Disputed
Facts and Conclusions of Law” indicating each numbered fact or conclusion as to which it
contends there exists a genuine dispute for trial. In determining the motion, I may assume
that the material facts as claimed and supported by the moving party are admitted except to
the extent that such material facts are (a) included in the “Statement of Disputed Facts and
Conclusions of Law” and (b) disputed by competent evidence filed in opposition to the
motion. In addition to filing, the parties shall submit any Proposed Findings of Fact and
Conclusions of Law and Statement of Disputed Facts and Conclusions of Law to this Office
by email in Microsoft Word format, and shall contact this Office to find out the correct
email address to send the Word document as of the date of filing.

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III. PRE-HEARING REQUIREMENTS
A. PRE-HEARING MOTIONS: All pre-hearing motions must be filed pursuant to 29 C.F.R.
§ 18.33. The parties must meet and confer prior to filing any motion. 29 C.F.R.
§ 18.33(c)(3).
B. PRE-HEARING EXCHANGES; DOCUMENTS TO BE FILED OR SERVED BEFORE
THE HEARING: The parties must serve the following materials on all other parties and on
the presiding judge, no later than June 4, 2027. The parties must hold a conference required
by 29 C.F.R. § 18.80(b) prior to filing a pre-hearing statement in order to streamline the
hearing process.
1. PRE-HEARING STATEMENT that contains the information required by 29 C.F.R.
§ 18.80(c). The pre-hearing statement must include a statement that the conference
required by 29 C.F.R. § 18.80(b) has been held. A joint pre-hearing statement is not
required. See 29 C.F.R. § 18.80(d).
2. WITNESS LIST that contains: (1) The name and address of each witness who will
actually testify at the hearing with a precise (not general) statement of what the
testimony will prove and an estimate of the time required for the direct examination
of each witness; and (2) The names and address of each witness whose deposition
will be offered, with a precise statement of what the testimony will prove.
3. EXHIBIT INDEX that describes each exhibit by tab number or letter, date, with a
statement of precisely (not generally) what the exhibit proves. The Exhibit Index
should be revised and duplicate exhibits removed after the parties meet pursuant to
29 C.F.R. § 18.80(b).
C. EXHIBITS: The parties must exchange copies of the exhibits that will be offered at the
hearing no later than June 4, 2027. Exhibits not exchanged in advance may be excluded at
the hearing. except for exhibits that will be offered solely for impeachment or rebuttal if
necessary. The parties are expected to meet and confer over evidentiary objections in an
attempt to resolve them, after the exhibit exchange. No later than June 30, 2027, the parties
must file exhibits offered by that party with the presiding judge, and one copy of any joint
exhibits, as modified in their final meeting, at eFile/eServe system (“EFS”) available at
https://efile.dol.gov/ or by e-mail at oalj-sanfrancisco@dol.gov. The parties must file all
documents electronically in a single bookmarked PDF or in PDF Package/Portfolio
document format. Exhibits not filed with the presiding judge may be excluded at the
hearing. For an in-person hearing, the parties shall also bring hard copies of their exhibits to
the hearing. Bring one copy of the exhibits for the judge and one copy of the exhibits for
the witnesses to use, as well as copies for counsel. The exhibits may be printed double-
sided so that they read like a book. Exhibits not exchanged in advance may be excluded at
the hearing. except for exhibits that will be offered solely for impeachment or rebuttal if
necessary. The parties are expected to meet and confer over evidentiary objections in an
attempt to resolve them, after the exhibit exchange.
1. The Exhibit Index must be revised after the parties meet and eliminate any
duplicative exhibits.

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2. Each exhibit must be individually marked with a numbered or lettered tab. Each
page of the exhibits offered at the hearing must be sequentially numbered in the
lower right corner.
3. The cover page of each volume of exhibits must state the name/title of the party (i.e.,
Claimant, Employer, Joint).
4. If an exhibit is difficult to read or illegible, it must be accompanied by a legible or
typed version. If an exhibit is in a foreign language, it must be accompanied by an
English translation.
5. Deposition transcripts should be submitted in condensed format with a word index.
6. A curriculum vitae or an equivalent qualifications summary for each expert witness
must be submitted in the evidence. No oral testimony about the expert’s
qualifications will be permitted, absent a showing of special need.
7. Voluminous records, such as medical or financial records, that are submitted as
evidence must include a written summary of what is included and the purpose for
inclusion, as well as point to the specific page that supports the contention. If
applicable, the documents should include summary totals of any amounts requested.
IV. SETTLEMENT AGREEMENTS: Any settlement between the parties must be submitted
to the judge for approval in writing pursuant to 29 C.F.R. § 1982.111. The files maintained by this
office, including settlement agreements, are subject to disclosure under the provisions of the
Freedom of Information Act (“FOIA”), unless an exemption applies. 5 U.S.C. § 552.
V. SETTLEMENT CONFERENCE: If the parties agree that a settlement judge may help
resolve the case, they may make a written request to the District Chief Judge asking for the
appointment of a settlement judge. See 29 C.F.R. § 18.13.
VI. SANCTIONS: Unless good cause is shown, parties will not be permitted to litigate issues,
call witnesses, or introduce evidence they failed to disclose at the times and in the way this order
requires. Failure to comply fully with this Order subjects the offending party to sanctions. See
generally 29 C.F.R. §§ 18.12(b), 18.35(c), 18.50(d)(2) & (3), 18.52, 18.57, 18.87.
SO ORDERED.
EVAN H. NORDBY
Administrative Law Judge