DATE: February 17, 1999
CASE NO: 1999-STA-14

In the Matter of:

BRAD BLEVINS,
    COMPLAINANT,

    v.

ALBERTSON'S INC. dba
ALBERTSON'S DISTRIBUTION CENTER,
    RESPONDENT.

   The above entitled matter is presently scheduled for trial on April 14, 1999 in Portland, Oregon. On February 16,1999 Complainant filed a Motion to Dismiss Without Prejudice his complaint under Section 405 of the Surface Transportation Act of 1982. Respondent filed by fax a Response to the motion on February 12, 1999, prior to the undersigned's receipt of the motion. Respondent does not object to the motion. The motion is granted and the findings of the Regional Administrator dismissing the complaint on November 9, 1998 are therefore affirmed pursuant to 29 CFR §1978.111(c). The scheduled trial date of April 14, 1999 is cancelled.

      Henry B. Lasky
      Administrative Law Judge

Dated: February 17, 1999
San Francisco, CA

HBL