DATE: March 24, 1995
CASE NO. 93-WPC-15
IN THE MATTER OF
MATTHEW D. BIDDLE,
COMPLAINANT,
v.
UNITED STATES DEPARTMENT OF THE ARMY,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER OF DISMISSAL
Before me for review is the Recommended Order of Dismissal
issued on May 6, 1994, by the Administrative Law Judge (ALJ) in
this case arising under the employee protection provision of the
Federal Water Pollution Control Act, 33 U.S.C. § 1367
(1988). The recommendation of the ALJ is based on the parties'
stipulation of dismissal with prejudice, dated March 15, 1994.
This stipulation is signed by all parties and appears to meet the
terms of Fed. R. Civ. P. 41(a)(1)(ii), which has been held
applicable in these circumstances. Rossell v. Kings Mountain
Hospital, Inc., Case No. 94-CAA-14, Sec. Ord., Jan. 9, 1995;
Bauer v. Power Resources, Inc., Case No. 94-ERA-10, Sec.
Ord., June 24, 1994; Everhart v. Tecumseh Products Co.,
Case No. 91-TSC-4, Sec. Ord., Aug. 30, 1991; Keelan v.
Consolidated Edison Com. of New York, Inc., Case No. 88-CAA-
3, Sec. Ord., Sept. 29, 1989; Nolder v. Raymond Kaiser
Engineers, Inc., Case No. 84-ERA-
[PAGE 2]
5, Sec. Ord., June 28, 1985. Accordingly, the complaint in this
case is dismissed with prejudice.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.