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USDOL/OALJ Reporter
Albrecht v. Mapco Alaska Petroleum, Inc., 87-TSC-3 (ALJ Feb. 17, 1989)


U.S. Department of Labor
Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036

DATE: FEB 17 1989

IN THE MATTER OF

Jill A. Albrecht
    Complainant

    v.

Mapco Alaska Petroleum, Inc.
    Respondent

CASE No.: 87-TSC-3

ORDER OF DISMISSAL

   On January 31, 1989 Complainant and Respondent submitted a Stipulation and Order of Dismissal with prejudice, which is attached hereto and incorporated herein. The Stipulation was consented to by Larry Wilson of the Employment Standards Administration, Wage and Hour Division U.S. Department of Labor.

   29 C.F.R. § 24.5(e)(4)(ii) states that in any case when dismissal of a claim is sought, the administrative law judge shall issue an Order to Show Cause why dismissal should not be granted. In this case, however, all parties have agreed to dismissal of this matter. I, therefore, find that an Order to Show Cause is not necessary in this case.

   The parties Motion to Dismiss the above-captioned case and withdraw the administrative Complaint filed by Jill A. Albrecht on April 7, 1987 is hereby GRANTED.

       JOHN M. VITTONE
       Deputy Chief Judge
Attachment

JMV/GHS/mb


UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGE

Case No. 87-TSC-3

JILL A. ALBRECHT,
   Complainant,

    v.

MAPCO ALASKA PETROLEUM INC.,
   Respondent.

STIPULATION AND ORDER OF
DISMISSAL WITH PREJUDICE

   COME NOW complainant Jill A. Albrecht, by and through her attorneys, Davis Wright & Jones, and respondent MAPCO ALASKA PETROLEUM Inc. and stipulate and agree to dismissal of the above-captioned proceeding and withdrawal of the administrative complaint filed by Albrecht on or about April 7, 1987, said dismissal and withdrawal to be with prejudice, with each of the parties hereto to bear its own costs, disbursements and attorneys' fees incurred herein.

       DAVIS WRIGHT & JONES
       Attorneys for Complainant
       Jill A. Albrecht

Date 1/30/89     By
       Robert K. Stewart, Jr.

       MAPCO ALASKA PETROLEUM INC.

Date 12/15/88     By
       Randolph L. Jones, Jr.
       Secretary and General Counsel

CONSENT TO DISMISSAL AND WITHDRAWAL OF COMPLAINT

   On behalf of the United States Department of Labor, the undersigned hereby consents to dismissal of the above-captioned proceeding and withdrawal of the administrative complaints filed herein on the terms set forth above.

    UNITED STATES DEPARTMENT OF LABOR
    EMPLOYMENT STANDARDS ADMINISTRATION
    WAGE AND HOUR DIVISION

    By
       Larry Wilson
       Area Director

ORDER

IT IS SO ORDERED.

DONE THIS day of , 19 .

       The Honorable Judge Vittone
       Administrative Law Judge



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