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USDOL/OALJ Reporter Elliott v. AmerenUE, 2000-ERA-15 (ALJ July 7, 2000)
July 17, 00 2000-ERA-15 In the Matter of
Terri Elliott,
v.
AmerenUE and
STIPULATION OF DISMISSAL WITH PREJUDICE
This is a proceeding under the Energy Reorganization Act of 1974, 42 U.S.C. §§ 5851 and the procedural regulations for the handling of discrimination complaints found at 29 C.F.R. Part 24, whereby employees or employers subject to the Act and regulations may file complaints and receive certain redress upon a showing of being subjected to discriminatory action resulting from protected activity. On March 13, 2000, I issued an Order setting this matter for a hearing on May 31 and June 1, 2000, in Jefferson City, Missouri. Shortly before the scheduled hearing, I was advised by the parties that they had reached an agreement for settlement. On July 7, 2000, I received a Confidential Release and Settlement Agreement, signed by the Complainant and her counsel, as well as corporate officers for the Respondent Wackenhut and counsel for the Respondent AmerenUE. The Settlement Agreement sets out the substance of the agreement between the parties, and reflects that as part of the agreement, the Claimant would seek approval for the dismissal of her complaint with prejudice. On July 13, 2000, I received from Claimant's counsel a Motion to Dismiss Based Upon Voluntary Settlement, requesting that upon approval of the Settlement Agreement submitted by the parties, the Court enter an Order to Dismiss the Claimant's claim. [Page 2]
As the request for dismissal is based upon an agreement entered into by the
parties, I have reviewed it to determine whether the terms are a fair, adequate and reasonable
settlement of the complaint.1 I find that it
is a fair, adequate, and reasonable settlement of the complaint, and accordingly, IT IS
RECOMMENDED that the agreement be APPROVED and that the COMPLAINT BE
DISMISSED WITH PREJUDICE.
LINDA S.
CHAPMAN
1 As this is a request for dismissal
based upon a settlement agreement, Fed.R.Civ.P. 41(a)(1)(ii) does not apply.
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