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USDOL/OALJ Reporter
Tribe of Indians v. USDOL, 92-JTP-7 (ALJ Aug. 4, 1995)

U.S. Department of Labor
Office of Administrative Law Judges
501 W. Ocean Boulevard, Suite 4300
Long Beach, California 90802
(310) 980-3594
(310) 980-3596 FAX (310) 980-3597

DATE: August 4, 1995

CASE NO: 92-JTP-7

IN THE MATTER OF

NAVAJO TRIBE OF INDIANS,
    Complainant,

    v.

U.S. DEPARTMENT OF LABOR,
    Respondent.

ORDER OF DISMISSAL

    This matter arises under the Job Training Partnership Act (JTPA), 29 U.S.C. § 1501, et seq., and the regulations promulgated thereunder at 20 C.F.R. Part 636. This matter was referred to the Office of Administrative Law Judges for hearing and assigned to the undersigned Administrative Law Judge, who set this matter for hearing in Widow Rock, Arizona on Monday, November 14, 1994.

    However, prior to the hearing the parties informed this office that they had reached an agreement that would solve the dispute in this matter. However, "due to the Navajo Nation's legislative process, monies cannot be appropriated to settle these matters until after the Navajo Nation's Council's legislative session begins in April, 1995." Therefore, the settlement could not be fully executed until after the Council's session.

    Pursuant to the "Parties Joint Motion For Continuance", received on November 14, 1994, this matter was continued until June 1995, after which time the Navajo Nation Council has had an opportunity to consider the terms of the settlement offer.

    On August 4, 1995, this office received the parties "Stipulation of Dismissal with Prejudice", signed by counsel for the Navajo Nation and counsel for the Department of Labor. Said stipulations state that the parties have entered into a stipulation agreement which resolves the issue pending before this office. Counsel request that this matter be dismissed with prejudice.

    After reviewing the entire file in this matter and further being fully advised in the premises, it is determined that the Stipulation for Dismissal by both parties in the above-styled matter should be GRANTED. Accordingly, the undersigned approves the stipulation of dismissal in the above-styled matter and this matter is HEREBY DISMISSED with prejudice.

    Entered on this 4th day of August, 1995, at Long Beach, California.

      DANIEL L. STEWART
      Administrative Law Judge

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