Carpentier v. Dayton Freight Lines, Inc., 2002-STA-20 (ALJ Sept. 4, 2002), 2002-STA-20 (ALJ Sept. 4, 2002)

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: 04Sep2002

CASE NO: 2002-STA-20

In the Matter of

PERRY CARPENTIER,
    Complainant

    v.

DAYTON FREIGHT LINES, INC.,
    Respondent

   This proceeding arises under the Surface Transportation Assistance Act of 1982 [49 U.S.C. §§ 2305 and 31105] and the regulations promulgated thereunder [29 C.F.R. Part 1978]. Counsel for the respondent, Sally J. Ferguson, by letter dated August 5, 2002, advised that this matter has been resolved. Attached to her letter is a document entitled "Stipulation of Dismissal with Prejudice Order." This settlement agreement resolves the parties' controversy arising from the July 11, 2001 complaint of Perry Carpentier filed with the Occupational Safety and Health Administration, U.S. Department of Labor, under the pertinent statute.

   On August 27, 2002, I held a conference call in which counsel for both parties restated their positions in this matter and the terms of the settlement. The settlement agreement reflects a compromise whose terms are confidential. I have reviewed the settlement agreement and find the terms are fair and equitable as required by 29 C.F.R. § 1978.111(d)(2)-(3). Further, the terms of the settlement are deemed confidential and ORDERED sealed as agreed to by the parties. Therefore,

   IT IS HEREBY ORDERED that the settlement is approved and this case is dismissed with prejudice.

       ROBERT J. LESNICK
       Administrative Law Judge