MARTINSBURG - A lawsuit against the U.S. Secretary of Transportation has been dismissed from federal court.

On June 18, 2012, an order to show cause was filed in the U.S. District Court for the Northern District of West Virginia at Martinsburg.

Since the plaintiff filed the complaint on Aug. 5, 2011, there has been no further activity in the case and no record of service ever having been completed to the defendant, according to the order to show cause. Whereby, the court ordered the plaintiff had until June 22, 2012, to show cause why the matter should not be dismissed for failure to prosecute.

An order dismissing the case for failure to prosecute was filed on Dec. 3.

"The plaintiff has not responded to the order to show cause. Additionally, upon a review of the docket sheet, plaintiff has done nothing to further the prosecution..." the dismissal order states.

The court ordered that the case be dismissed without prejudice for failure to prosecute.

Robert K. Simon was employed by U.S. Secretary of Transportation Ray LaHood  as an environmental systems specialist at the FAA Air Route Control Center in Leesburg, Va., according to a complaint filed Aug. 5, 2011, in the U.S. District Court for the Northern District of West Virginia at Martinsburg.

Simon claimed in October 2007 he was denied a "within grade" pay raise of eight percent  and the pay raise was given to an employee of the same job title as him who was under the age of 40.

In 2008 and 2009, Simon was denied cash awards of $500, according to the suit.

Simon claimed in 2009 and in October 2010, he was also denied a "Superior Contribution Award."

Since 2007, Simon has lost approximately $10,000 per year annual salary for denial of the "within grade" pay raise and stands to lose $6,000 per year in retirement salary as a result of the denial of the pay raise, according to the suit.

Simon claimed he filed an EEOC complaint on Dec. 29, 2010, because of the defendant's violation of U.S. code.

The defendant discriminated against Simon because of his age, according to the suit.

Simon was seeking compensatory and liquidated damages. He was being represented by Ronald S. Rossi of the Rossi Law Firm.

The case was assigned to District Judge Gina M. Groh.

U.S. District Court for the Northern District of West Virginia at Martinsburg case number: 3:11-cv-00062

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