|
|
|
 |
 |
|||||||||||||||||
 |
| October 3, 2008 DOL Home > OALJ Home > Whistleblower Collection |
|
USDOL/OALJ Reporter O'Leary v. Entergy Corp., 2000-ERA-18 (ALJ Sept. 26, 2000)
Date: September 26, 2000 Case No.: 2000-ERA-18 In the Matter of
DANIEL J. O'LEARY, Jr.
v.
ENTERGY CORPORATION
On September 18, 2000, Robert L. Ciociola, who is counsel for Daniel J. O'Leary, Jr., directed a letter to this office in which he advises that the Nuclear Regulatory Commission Investigation has now been completed and that the Agency was unable to find corroborative support for the claims of the Complainant. Therefore, Mr. Ciociola advises that Mr. O'Leary wishes to discontinue this case and he proposes that the parties enter into a Voluntary Stipulation of Dismissal with Prejudice. This request has apparently not been discussed with counsel for the Respondent. The 29 C.F.R. Part 24 regulations providing the procedures for the handling of an Energy Reorganization Act of 1974 complaint provide no guidance as to the processing of a withdrawal request under these circumstances. The same is true with respect to the Rules of Practice and Procedure for Administrative Hearings before judges in this office. 29 C.F.R. Part 18. Therefore, the Rules of Civil Procedure for the District Courts of the United States are to be applied. 29 C.F.R. § 18.1. Federal Rule Civil Procedure 41(a)(1) provides for a voluntary dismissal based upon the filing of a Stipulation of Dismissal signed by all parties who have appeared in the action. The dismissal under these circumstances is without prejudice. In view of the above, IT IS ORDERED that the Complainant will submit a Notice of Voluntary Dismissal by Stipulation signed by all parties to this proceeding including their attorney representatives in order to comply with the provisions of Federal Rule of Civil Procedure 41(a)(1)(ii). The dismissal document should be submitted no later that October 13, 2000.
Rudolf L. Jansen
|
||||||||
| ||||||||
