87-ERA-38

In the Matter Of

LORENZO MARIO POLIZZI,
    Complainant,

    v.

GIBBS & HILL, INCORPORATED
    Respondent.

Craig Kaplan, Esq.
Elizabeth St. Clair, Esq,
    For Complainant

Michael G. Davies, Esq.
Eugene D. Ulterino, Esq.
    For Respondent

Before: MICHAEL H. SCHOENFELD
    Administrative Law Judge

This is a proceeding arising under the Energy Reorganization Act of 1974, 42 U.S.C. § 5851, regarding the June 12, 1987 complaint filed by Lorenzo Mario Polizzi ("Complainant") against Gibbs & Hill, Inc. ("Respondent").

A hearing on this matter was scheduled to take place in New York, New York, on May 23, 1988. By conference call, counsel for the parties requested that the hearing be deferred so as to permit negotiation of a settlement. The hearing was deferred by my order dated May 10, 1988. On July 5, 1988, this office recieved a Joint Motion for Order Approving Dismissal of Proceeding duly executed by all counsel. The grounds for the motion are that the parties have resolved the issues between them.

   Pursuant to 29 C.F.R. § 24.6(a) it is hereby ORDERED that;

1. at the written request of the parties, Complainant's withdrawl, with prejudice, of his complaint against Respondent is accepted and approved; and

2. this proceeding is dismissed with prejudice; and

3. the approval of the withdrawl of Complainant's complaint and the dismissal of this proceeding shall not be construed as an adjudication on the merits for or against any he parties.

       MICHAEL H. SCHOENFELD
       Administrative Law Judge

DATED: 13 JULY 1988