DATE: May 19, 1994
CASE NO.: 94-ERA-00018
In the Matter of
REED CLARKE
Complainant
v.
FLORIDA POWER CORPORATION
Respondent
ORDER OF DISMISSAL
On May 16, 1994 counsel for the Complainant submitted a
Notice of Withdrawal of Complaint, stating that the complaint
herein is withdrawn and requesting that the hearing scheduled for
June 9, 1994 be cancelled.
In a telephone conference on May 18, 1994 initiated by the
undersigned, attorneys for the Respondent and the attorney for
the Complainant agreed that the complaint should be dismissed
without prejudice pursuant to Rule 41(a)(1) of the Federal Rules
of Civil Procedure. By letter dated May 17, 1994 the Respondent
stated that it stipulates to a dismissal of the complaint
pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil
Procedure.
As the resolution of this case does not involve a settlement
agreement, there is no requirement for the approval of the
Secretary of Labor, and the instant order constitutes a final
order.
Accordingly, the complaint is DISMISSED without
prejudice pursuant to Rule 41(a)(1)(ii) of the Federal Rules of
Civil Procedure. It is further ORDERED that the hearing
scheduled for June 9, 1994 is CANCELLED.
ROBERT D. KAPLAN
Administrative Law Judge
Camden, New Jersey