Date Issued: OCT 10 1989
Case No. 88-ERA-26

In the Matter of

JAAFAR HAMKA,
    Complainant,

    v.

THE DETROIT EDISON COMPANY,
    Respondent.

   The parties to this proceeding have submitted a Stipulation of Dismissal, appended hereto and made a part hereof.

   I note that the Stipulation has been executed by all parties to the proceedings and indicates that the Complainant no longer wishes to pursue his complaint and the Respondent no longer desires a hearing in this matter. The Stipulation provides that the dismissal shall be with prejudice. The basis of the Stipulation appears to be the resolution of a collateral action involving these same parties before the Michigan Wayne Circuit Court, a condition of which is the Complainant's dismissal of the instant proceeding.

   The Federal Rules of Evidence at Rule 41 (a) (1) (ii) provide that parties to an action may enter a Stipulation of Dismissal signed by all parties. See Ryan v. Pacific Gas & Electric Company, Order of the Secretary, 87-ERA-32 (August 9, 1989);

Nunn v. Duke Power Company, Order of the Secretary, 84-ERA-27 (September 29, 1989). Moreover, I note that this agreement between the parties only resolves issues between them in a collateral state court proceeding over which the U.S. Department of Labor has no jurisdiction. Accordingly,

   It is hereby recommended that the Stipulation of Dismissal be approved by the Secretary.

       DANIEL J. ROKETENETZ
       Administrative Law Judge