Gipson v. LKQ Manchester Auto Parts, 2003-ERA-21 (ALJ Oct. 1, 2003)

U.S. Department of Labor

Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 (504) 589-6268 (FAX)

Issue Date: 01 October 2003
CASE NO.: 2003-ERA-21

In the Matter of:

JAMES DENIS GIPSON,
    Complainant

    vs.

LKQ MANCHESTER AUTO PARTS
    Respondent

    The Complainant, James Denis Gipson, filed a complaint under the Act on June 20, 2002 alleging that the Respondent, LKQ Manchester Auto Parts discharged him in retaliation for his alleged protected activity under the Act. On April 23, 2002 the Area Director Occupational Health and Safety Administrator ("OSHA") notified Complainant and Respondent that their investigation verified the allegation that discrimination was a factor in the company's actions toward him. In response the LKQ Manchester Auto Parts filed a timely appeal with the Office of Administrative Law Judges.

    Prior to setting this case for hearing a conference call with the attorneys for Complainant and Respondent, disclosed that the parties had a companion state court case and that a settlement had been reached. On August 27, 2002 the Respondent filed a Motion to Dismiss and advised this court that the settlement of the civil case resulted in the Complainant's full satisfaction as to the settlement. Attached was the July 29, 2003 letter of James Gipson wherein he advised the U.S. Department of Labor that he no longer sought additional relief.

    Pursuant to 29 CR4 Part 24.6 and Rule 41(a)(1)((ii) of the Federal Rules of Civil Procedure, I find that approval of a dismissal with prejudice is warranted in this case.

Accordingly, the Motion to Dismiss is GRANTED and the claim of James Denis Gipson is DISMISSED with prejudice.

   So ORDERED.

      RICHARD D. MILLS
      Administrative Law Judge

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. §24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW., Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 20 C.F.R. §§24.7(d) and 24.8.