Leroy J. Pletten,
                    Petitioner,
          v.                                                                                  Docket No. 01990657

Louis Caldera, Secretary of the
Army, and Kenneth W. Starr, et al.,                                      9 Dec 1998
          Agency/Respondents.
________________________/

          Petitioner Leroy J. Pletten hereby moves to strike the agency reply for the following reasons:

          1. It is untimely, not received until today, 9 December 1998. A request for default was long ago entered in November.

          2. It is not under oath so constitutes mere argument as distinct from evidence. Kathryn Buttrey and Myrna F. Powell have no first hand familiarity with the facts in the case file. Significantly, they avoid filing any first hand evidence denying the in-the-record data in the case file from the first hand witnesses of the time.

          3. It contradicts the actual evidence of record in the case file, specifically the direct statements of EEO Manager Kenneth R. Adler, a person (like me) with first-hand familiarity with the facts. As the case file data connotes, his intent in referring the matter to MDW was to avoid processing control by biased hostile persons such as Kathryn Buttrey under the thumb of local Warren agency officials.

          4. Buttrey alleges that she appointed an unnamed EEO Counselor.

          A. No EEO Counselor has contacted me. Clearly Buttrey is admitting obstructing the process of having MDW appoint a counselor as the settlement by Adler provided. Buttrey's pretense or innuendo that impartial review will occur (by someone under the thumb of local officials) is also a fraud. The mere fact that Buttrey cites no name nor address of an alleged counselor is significant. MDW counselors have names and addresses.

          B. The agency, in Docket 01.93.2879, committed a similar stunt, pretending that it would initiate investigation of an issue on which I sought review. Thus the agency fraudulently deceived/tricked Ronnie Blumenthal into canceling the case. The investigation the agency had alleged would occur, still has not begun. Without EEOC ordering review to occur, it did not occur, just as the agency then, as now, intends. Please do not be tricked again . Do not cancel the case this time. Order review.

          6. Buttrey and Powell allege (not under oath) that there is no case file. This is a knowingly false claim to discredit the material in the case file such as Adler's settlement to refer review to MDW to prevent such as them obstructing the review process. They also intend to discredit Adler's statement citing materials in the case file. Her allegedly appointing a counselor so suddenly confirms she has a case file.) Alternatively, if there is now suddenly no case file, theirs is an admission against interest of having destroyed it, inasmuch as until their sudden shocking claim, there has never been such a denial; and there was clearly a case file pursuant to the data cited by Kenneth R. Adler.

          7. The insincerity of Myrna F. Powell is clear from start to end. Up-front, she misspells my name. At the end, she misstates my address. Clearly she is insincere in pretending that precessing of any type will now suddenly occur after all these years without EEOC looking over their shoulder every step of the way. Until I filed the petition to EEOC, neither Powell nor Buttrey had made any effort to get me the MDW counseling that I was so long ago promised. They fear an EEOC order telling them to do what the settlement agreed to, starting with an MDW counselor; that is why they have these crocodile tears of theirs.

          8. Re the claim of an unnamed counselor having been appointed, the agency has a pattern of having refused me review previously, notwithstanding pretended assurances that review would start as promised. The word of agency officials without an order, is no good.

          Wherefore, for any or all the foregoing reasons, Petitioner moves that the agency reply be stricken and that processing and action be ordered as initially requested.

                                                                                 Respectfully
                                                                                 Leroy J. Pletten;
                                                                                Leroy J. Pletten

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