Wood v. Aquasource, 2003-WPC-5 (ALJ June 3, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 03 June 2003

CASE NO: 2003-WPC-5

In the Matter of:

JOANNA WOOD,
    Complainant,

    v.

AQUASOURCE, INC.
    Respondent.

   By correspondence dated May 12, 2003, this tribunal was advised by the Complainant, with indicated approval of Respondent's counsel, that the parties to this complaint were able to effect a global settlement of the Complainant's claims through mediation, which settlement included the claims pending before this tribunal. Because the notice of settlement disclosed apparently unresolved contingencies, this tribunal directed the parties to submit a stipulation of settlement and motion requesting dismissal of the complaint with prejudice in order to allow this tribunal to issue a recommended decision and order of dismissal. Complainant filed a motion to dismiss with prejudice with a comprehensive general release executed by the Complainant attached on May 28, 2003. This tribunal issued an order to show cause on May 29, 2003, pursuant to 29 CFR §24.6(e)(4)(ii), because the motion to dismiss the complaint was submitted by the Complainant, not by the parties jointly. See Balog v. Med Safe Systems, Inc., ARB No. 99-034, ALJ No. 1995-TSC-9 (ARB Sept. 13, 2000). On June 2, 2003, Respondent AquaSource, Inc. filed its response to the order to show cause, agreeing that the claims have been resolved and requesting that Complainant's motion to dismiss her complaint with prejudice be granted. There are no other interested parties presently before this tribunal. Wherefore, it is

   ORDERED that Complainant's motion to dismiss her complaint with prejudice be granted pursuant to Fed. R. Civ. P. 41 and 29 CFR §§24.6(e)(4)(ii), 24.7, and subject to §24.8(a), and that her complaint filed on December 30, 2002, be dismissed with prejudice.

      EDWARD TERHUNE MILLER
      Administrative Law Judge