87-ERA-47

In the Matter of

JOHN E. RYAN,
    Claimant

   v.

NIAGARA MOHAWK POWER
CORPORATION,
    Respondent

   On January 12, 1988, I issued an Order Assessing to Complainant Respondent's costs and attorneys fees. This was done pursuant to Rule 11 of the Federal Rules of Civil Procedure (FRCP) and 29 CFR § 18.6(b), Rules of Practice and Procedure for Administrative Law Judges. The Order for Assessing Costs and Attorney Fee was premised on the failure to file a response to the Motion to Assess. The Complainant did however respond to the Motion to Assess by correspondence dated January 5, 1988, and date stampled in my Office on January 12, 1988. The Complainant's Response is therefore considered timely.

   On January 21, 1988, we received correspondence, dated January 9, 1988, postmarked January 15, 1988, and signed by attorneys for Complainant and Respondent wherein we were advised that a settlement has been reached in instant case, and 88-ERA-7,¹ and the other actions pending before the Secretary of Labor; and the settlement resolves all outstanding issues between the parties eliminating the need for me to rule on outstanding Motions.

   In view of the settlement, Respondent consented to complainant's request that his complaints be dismissed.

   My January 12, 1986 Order Granting Motion to Asses is

¹ The complaint bearing file number 88-ERA-7, John Ryan v. Northeast Utilities, had already been dismissed on request of Complainant by order dated December 18, 1987.