In the Matter of:
MARTIN DOLAN, ARB
CASE NO. 04-077
COMPLAINANT, ALJ
CASE NO. 04-SOX-1
v. DATE:
July 27, 2006
EMC CORPORATION,
RESPONDENT.
BEFORE: THE
ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant
Thomas Crooks, Esq., Chicago, Illinois
For the Respondent
Pamela A. Smith, Esq., EMC Corporation, Hopkinton, Massachusetts
FINAL ORDER APPROVING
THE COMPLAINANT'S
WITHDRAWAL OF
OBJECTIONS
This case arises
under Section 806 (the employee protection provision) of the Corporate and
Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act
of 2002 (SOX), 18 U.S.C.A. § 1514A (West Supp. 2005), and its implementing
regulations found at 29 C.F.R. Part 1980 (2005). Martin Dolan filed a
complaint alleging that EMC Corporation retaliated against him in violation of
the SOX. On March 24, 2004, an Administrative Law Judge (ALJ) issued a
Recommended Decision and Order (R. D. & O.), recommending dismissal of the
complaint.
On April 7, 2004, Dolan
submitted to this Board a Petition for Review of the R. D. & O. On May 22,
2006, the Board received EMC's motion to stay proceedings pending the parties'
settlement of the case. We issued an Order granting the motion on
[Page 2]
June 6, 2006. Now before us is Dolan's Withdrawal of Objections, which he filed on July
17, 2006. The Withdrawal states that:
Pursuant to 29 CFR
1980.111(c), Complainant Martin Dolan hereby withdraws his objections to the
April 29, 2003 Decision of the Department of Labor, dismissing the above action,
and the March 24, 2004 Recommended Decision and Order of Administrative Law
Judge Daniel Leland, recommending dismissal of the above action. Complainant
hereby seeks the dismissal of the above action against his employer EMC
Corporation and his managers, Joanna Bradford and Mark Stocklein, including all
claims for relief alleged therein, with prejudice and without costs, each party
to bear its own attorney's fees and expenses, with all rights of appeal
waived. Complainant's withdrawal of objections is not being made pursuant to a
settlement agreement between the parties.
SO ORDERED.
WAYNE
C. BEYER
Administrative
Appeals Judge
M.
CYNTHIA DOUGLASS
Chief
Administrative Appeals Judge