DATE: July 22, 1991
CASE NO. 91-ERA-32

IN THE MATTER OF

LAWRENCE A. DENAYER,
    COMPLAINANT,

    v.

TENNESSEE VALLEY AUTHORITY,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

   Before me for review is the Order of Dismissal-Recommended issued by the Administrative Law Judge (ALJ) on June 27, 1991, in the captioned case arising under the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1988). The ALJ recommended dismissal of the case with prejudice under Fed. R. Civ. P. 41(a)(1)(ii) based on Complainant's Motion for voluntary Dismissal in which Respondent concurred.

   Respondent's written concurrence in the motion for voluntary dismissal together with that motion constitutes a stipulation of dismissal by the parties satisfying the requirements of Rule 41(a)(1)(ii). See Nunn v. Duke Power Co., Case No. 84-ERA-27, Sec. Order, Sept. 29, 1989; Hooks v. Transportation Services Inc., Case No. 88-STA-7, Sec. Order, June 24, 1988. Counsel for

Respondent has additionally represented that no settlement is involved in the case. See generally Scott v. American Protective Services, Inc., Case No. 89-ERA-35, Sec. Order, Feb. 15, 1990. Under these circumstances dismissal under Rule 41(a)(1)(ii) is proper. Accordingly I accept the recommendation of the ALJ that this case be, and it hereby is, DISMISSED with prejudice pursuant to Rule 41 (a)(1)(ii).

   SO ORDERED.

       LYNN MARTIN
       Secretary of Labor

Washington, D.C.