Henderson v. Michael Foods Inc., 2003-WPC-10 (ALJ Feb. 10, 2004)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

Issue Date: 10 February 2004
CASE NO.: 2003-WPC-10

In the Matter of

THOMAS K. HENDERSON,
    Complainant

    v.

MICHAEL FOODS INCORPORATED,
EGG PRODUCTS COMPANY
    Respondent

   The above-captioned matter arises from a claim under the Water Pollution Control Act, 33 U.S.C. § 1367. On February 2, 2004, Complainant and Respondent have submitted, for my review, a copy of a fully executed agreement and release settling any claims arising from the circumstances forming the basis of the federal claim. Upon review and consideration of the provisions of the agreement by the parties, I find that the terms are a fair, adequate and reasonable settlement of Mr. Henderson.s claims against Respondent and should be approved.

   It is hereby ORDERED that the "Settlement Agreement and Release" between Complainant and Respondent is approved. It is further ORDERED that any and all claims by Complainant against Respondent be dismissed, with prejudice. The scheduled hearing is cancelled.

      RICHARD A. MORGAN
      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 29 C.F.R. §§ 24.7(d) and 24.8.