Date: August 11, 1993
Case No.: 93-ERA-41

In the Matter of

DOUGLAS A. COGGESHALL,
   Complainant,

   v.

DRESSER INDUSTRIES, INC.
INDUSTRIAL VALVE OPERATION,,
   Respondent,

   This case involves a complaint under the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. §5851. A request for hearing was received from the Complainant on June 25, 1993. After a prehearing conference was conducted by telephone on June 29, 1993, a hearing was scheduled for September 16, 1993, in Alexandria, Louisiana, by agreement of the parties.

   Claimant was directed to file his complaint alleging material discrimination under the ERA no later than July 7, 1993, and Respondent was directed to file its answer no later than July 15, 1993. On July 6, 1993, Claimant advised this tribunal by telephone that he was withdrawing his whistleblower claim against Respondent. He was advised to confirm his action by letter. On July 19, 1993, because Claimant had not filed his complaint as directed, this tribunal issued an order to show cause not later than July 26, 1993, why the complaint should not be dismissed without prejudice as of July 13, 1993. No response has been received. No answer or its functional equivalent has been filed in this case by Respondent. Wherefore, it is recommended that it be

   ORDERED that this case be dismissed without prejudice, effective July 13, 1993.

      EDWARD TERHUNE MILLER
      Administrative Law Judge

Washington, D.C.