Yates v. EG&G Defense Materials, Inc., 2002-SDW-2 (ALJ Oct. 3, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue date: 03Oct2002

Case No. 2002-SDW-2

In the Matter of

MARLIN M. YATES,
   Complainant,

   v.

EG&G DEFENSE MATERIALS, INC.,
   Respondent.

   This proceeding arises from a complaint filed under §1450(i) of the Safe Drinking Water Act, 42 U.S.C. 300j-9(i); Section 322 of the Clean Air Act, 42 U.S.C. 7622; Section 110(a)-(d) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9610(a)-(d); Section 507(a) of the Federal Water Pollution Control Act, 33 U.S.C. 1367; Section 7001 of the Solid Waste Disposal Act, 42 U.S.C. 6971; and Section 23 of the Toxic Substances Control Act, 15 U.S.C. 2622.

   On May 9, 2002, the complaint was found it to have no merit by the Secretary. A request for hearing was filed by the Complainant on May 16, 2002. On September 20, 2002, the Complainant filed a Notice of Voluntary Dismissal Without Prejudice. Therefore, since the Complainant no longer seeks to pursue this action and no objection has been filed, the need for a hearing is obviated. Accordingly, IT IS HEREBY ORDERED that:

1. The hearing scheduled for November 19, 2002, at 9:00 a.m. in Salt Lake City, Utah is CANCELLED, and,

2. The above-captioned proceeding is hereby DISMISSED without prejudice.

       DANIEL J. ROKETENETZ
       Administrative Law Judge

   NOTICE: This Recommended Dismissal 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 Dismissal, 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.