04/08/88

Assuring Timely Filing and Prosecution of Civil Judicial Actions

MEMORANDUM                             APR. 8, 1988

SUBJECT:  Assuring Timely Filing and Prosecution of Civil Judicial Actions

FROM:     /s/ Thomas L. Adams, Jr.
              Assistant Administrator

TO:       Regional Administrators, Regions I-X
          Regional Counsels, Regions I-X

    This memorandum continues the efforts we have been making to clarify the
responsibilities of Headquarters and Regional Offices in assuring an
effective civil judicial enforcement program.  It was developed in
cooperation with the Enforcement Management Council.

    Consistent with the approach taken in my memorandum of February 8, 1988,
entitled "Responsibilities for Assuring Effective Civil Judicial
Enforcement", the Regional Offices have primary responsibility in the vast
majority of cases for taking whatever actions are necessary secure timely
filing and prosecution of civil judicial enforcement actions.  This is part
of the responsibility of the lead Agency attorney, typically a Regional
attorney, and his or her supervisors.  This responsibility includes working
with the Department of Justice attorney assigned to the case ( and, as
necessary, the Assistant U.S. Attorney ), monitoring the status of cases at
DOJ to assure that they are filed in a timely manner, following up directly
with DOJ management to resolve problems or expedite action when a case is
not moving along in a manner consistent with a 60-day filing target,
alerting OECM whenever problems exist which threaten to delay significantly
a filing or when OECM ( or program office ) assistance is required,
monitoring the progress of filed cases ( through active participation and
use of the case management plan ) to assure that negotiations and litigation
are proceeding acceptably, and maintaining current, complete and accurate
information about the case in the Agency's enforcement docket system.

                                    -2-

    OECM, working with the Headquarters program offices, is charged with the
responsibility for assuring the overall effectiveness of the Agency's
judicial enforcement program.  To carry out this responsibility, OECM plans
to monitor the status of both unfiled and filed civil cases, primarily
through the enforcement docket system.  To help monitor progress and assure
timely filing of civil cases, each Associate Enforcement Counsel will
discuss with the Regional Counsel or Deputy Regional Counsel the status of
any case which had been pending unfiled at the Department of Justice for at
least 120 days as of the end of the preceding month.  This will allow for a
full discussion of any problems with the case, actions taken by the Region
to get the case filed or to otherwise resolve the problems, and any further
actions which the Region or OECM can take.  ( If problems exist, the Region
is encouraged to contact OECM or the program office earlier than the 120-day
point if Headquarters can be of assistance in expediting filing of the
referral ).  These discussions should be useful not only in expediting the
particular case but also in determining whether any broader problems exist
which need to be addressed.  Cases presenting particular difficulties may
also be put on the agenda for a subsequent monthly enforcement conference
call conducted by the Deputy Assistant Administrator for Civil Enforcement.

    For filed cases, I have asked each of the Associate Enforcement Counsel
in OECM to develop an appropriate periodic audit mechanism, working with
their Regional and program counterparts and the Department of Justice.
Further guidance on this subject will be provided later.

    I look forward to working with you on our continued efforts to assure an
effective judicial enforcement program.  If you have any questions about
this memorandum, please contact Ed Reich at FTS 382-4137.

cc:  Deputy Regional Administrators, Regions I-X