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Fuchko & Yunker v. Georgia Power Co., 89-ERA-9 (ALJ Feb. 2, 1989)


U.S. Department of Labor
Office of Administrative Law Judges
Suite 201
55 West Queens Way
Hampton, Virginia 23669
804-722-0571

DATE: February 2, 1989
CASE NOS. 89-ERA-9 & 89-ERA-10

IN THE MATTER OF

JOHN M. FUCHKO AND
GARY A. YUNKER,
    COMPLAINANTS,

    v.

GEORGIA POWER COMPANY,
    RESPONDENT.

ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE

    On January 4, 1989, during the second day of hearing, the parties to the above-captioned case requested that the proceeding be continued because the parties had reached a tentative agreement settling the case in full. The Presiding Judge granted the request. (Tr. 476-480).

    On February 1, 1989, the parties filed a motion styled "Stipulation of Dismissal with Prejudice." The Complainants John M. Fuchko and Gary A. Yunker through their Counsel expressly request the Presiding Judge to dismiss their respective complaints with prejudice. Counsel for the Respondent joins in the request.

    Based upon the representations at hearing and joint motion subsequently filed, I find that the parties have complied with 29 C.F.R. 18.9(c)(2) in that they have notified the Presiding Judge that the parties have reached a full settlement and have agreed to dismissal of the action. Accordingly, good cause having been shown, the motion is granted. IT IS ORDERED that the above-captioned cases are DISMISSED WITH PREJUDICE.

       DANIEL A. SARNO, JR.
       Administrative Law Judge



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