Bainton v. Planet Airways, Inc., 2003-AIR-31 (ALJ Feb. 18, 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: 18 February 2004
CASE NO: 2003-AIR-31

In the Matter of

MICHAEL BAINTON
    Complainant

    v.

PLANET AIRWAYS, INC.
    Respondent

    The above-captioned case is presently scheduled for hearing on Tuesday, February 24, 2004 and continuing as necessary to Friday, February 27, 2004 in Fort Lauderdale, Florida.

    On February 17, 2004, the Complainant advised the undersigned that "due to family problems concerning a relative and the emotional strains being placed on my family, I am forced to drop my case against Planet Airways." In a telephone conference I held with the parties on February 17, 2004, Complainant confirmed that he wishes to withdraw his claim entirely.

    Twenty-nine C.F.R. 1979.111(c) provides that, at any time before the findings or order becomes final, a party may withdraw his objections to the findings or order by filing a written request for withdrawal with the administrative law judge. The judge shall determine whether the withdrawal will be approved. I interpret Complainant's request to "drop the case" as a request for withdrawal. Accordingly,

    Complainant's request for withdrawal of his complaint is hereby GRANTED.

    The formal hearing presently scheduled for February 24-27, 2004 in Fort Lauderdale, Florida is cancelled.

       MICHAEL P. LESNIAK
       Administrative Law Judge