Cherokee Nation of Oklahoma v. USDOL, 2001-JTP-1 (ALJ Dec. 10, 2002)
U.S. Department of
Labor
Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002
Issue Date: 10 December 2002
CASE NO.: 2001-JTP-00001
In the Matter of:
CHEROKEE NATION OF OKLAHOMA,
Complainant,
v.
U.S. DEPARTMENT OF LABOR,
Respondent.
ORDER OF DISMISSAL
This case (which has been brought under the Job Training Partnership Act, 29 U.S.C. § 1501, with implementing regulations at 20 C.F.R. Parts 626 to 638) was set for a hearing before the undersigned administrative law judge in Tahlequah, Oklahoma on August 5 through 7, 2002. However, the hearing was canceled by request of the parties based upon advice that they had reached a settlement in this matter. The undersigned's Order Canceling Hearing of August 1, 2002 directed the parties to submit an executed settlement agreement or consent findings for approval in accordance with 29 C.F.R. §18.9 at their earliest convenience.
Under cover letter of December 4, 2002, counsel for the Department of Labor submitted a Stipulation of Dismissal executed by the representatives for both parties, pursuant to which it is stipulated that the Cherokee Nation withdraws its appeal and this case may be dismissed with prejudice. The parties have therefore exercised their right to dismiss a case under Rule 41 of the Federal Rules of Civil Procedure where, as here, there is no statutory or regulatory requirement that an agreement by the parties be reviewed and approved. See Indiana Dept. of Workforce Development v. U.S. Dept. of Labor, 1997-JTP-15 (Admin. Review Bd. Dec. 8, 1998) (holding ALJ has no authority to require submission of settlement agreement in JTP case when parties have stipulated to dismissal under Rule 41(a)(1)(ii), FRCP). Compare Hoffman v. Fuel Economy Contracting, 1987-ERA-33 (Sec'y Aug. 4, 1989) (settlement in ERA case must be reviewed to determine whether it is fair, adequate, and reasonable and Rule 41, FRCP, is inapplicable). Accordingly,
ORDER
IT IS HEREBY ORDERED that the instant case be, and hereby is, DISMISSED WITH PREJUDICE.
