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USDOL/OALJ Reporter
Ayers v. City of Stockton (Dept. of Mun. Utilities), 1997-WPC-4 and 1998-WPC-1 to 4 (ALJ Apr. 6, 1999)

U.S. Department of Labor
Office of Administrative Law Judges
50 Fremont Street, Suite 2100
San Francisco, CA 94105

Date: April 6, 1999

Case Nos. 1997-WPC-4
    1998-WPC-1
    1998-WPC-2
    1998-WPC-3
    1998-WPC-41

In the Matter of

SCOTT AYERS
       Complainant

    v.

CITY OF STOCKTON
(DEPARTMENT OF MUNICIPAL UTILITIES)
       Respondent

William L. Williams, Jr., Esq.
Craig A. Paul, Esq.
    For Complainant

Lauren P. Thomasson, Esq.
    For Respondent

Before: ALFRED LINDEMAN
    Administrative Law Judge

RECOMMENDED DECISION AND ORDER

   Following the hearing in this matter on September 30-October 2, 19-20, 1998, the parties to this consolidated proceeding under the whistleblower provisions of the Federal Water Pollution Control Act, 33 U.S.C. §1367, and applicable regulations at 29 C.F.R. Parts 18 and 24, requested reappointment of Judge Michael Lesniak under the settlement judge procedures at 29 C.F.R. § 18.9(e)(1). Thereafter, on March 24, 1999, the parties filed a letter dated March 15, 1999, duly signed by their respective attorneys, by which they have stipulated that they have successfully resolved their dispute and requested that "the above- referenced actions (and any other pending complaints which Mr. Ayers has lodged with the Department of Labor against the City of Stockton and/or its officers and employees) be ordered dismissed and/or withdrawn with prejudice."

   Accordingly, it is recommended that the proceeding be DISMISSED with prejudice. See Dorsey v. Greenbriar County Public Service District #2, 96-WPC-3 (ARB Sept. 29, 1997); Biddle v. United States Department of the Army, 93-WPC-15 (Secretary, Mar. 29, 1995).

   SO ORDERED.

      ALFRED LINDEMAN
      Administrative Law Judge

San Francisco, California
AL:ms

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. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).

[ENDNOTES]

1 Case Nos. 1998-WPC-2 and 1998- WPC-4 were withdrawn at the commencement of the hearing.



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