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Issue date: 06Aug2002
Case No.: 2000-CAA-0019
In the Matter of
OMAR SHAFEY, PH.D.
Complainant
v.
SHARON HEBER, DAVID JOHNSON,
DANIEL PARKER and RICHARD HUNTER,
Individually, and in their official
and unofficial capacities, the
FLORIDA DEPARTMENT OF HEALTH and the
STATE OF FLORIDA
Respondents
APPEARANCES:
Neil L. Henrichsen, Esq.
William J. Moore, Esq.
Henrichsen Siegel Moore
For the Complainant
Kevin E. Hyde, Esq.
Foley and Lardner
For the Respondents
BEFORE: ROBERT L. HILLYARD
Administrative Law Judge
ORDER RECOMMENDING SETTLEMENT AND DISMISSAL OF CASE
This case involves a complaint by Omar Shafey, brought under the Clean Air Act, 42 U.S.C. § 7622; Water Pollution Prevention and Control Act, 33 U.S.C. § 1367; and the Toxic Substances Control Act, 15 U.S.C. § 2622, in which he alleged violations, discrimination and wrongful termination of employment by the Respondents, Sharon Heber, David Johnson, Daniel Parker, and Richard Hunter, individually, and in their official and unofficial capacities, and the Department of Health for the State of Florida. After issuance of the findings of the Regional Supervisory Investigator of the Occupational Safety and Health Administration, Atlanta, Georgia, the Complainant filed a notice of appeal and requested a formal hearing. A hearing was scheduled to commence on August 6, 2002, at Tallahassee, Florida, before the undersigned Administrative Law Judge.
[Page 2]
The parties, on August 2, 2002, filed a General Release and Settlement together with a Stipulation of Dismissal With Prejudice. The Settlement Agreement is dated July 18, 2002, and is signed by Omar Shafey, Complainant; David Johnson, Daniel Parker, Sharon Heber, Richard Hunter and representative for the Florida Department of Health, Respondents. The Stipulation of Dismissal With Prejudice is signed by Neil Henrichsen, attorney for Complainant and Kevin E. Hyde, attorney for Respondents. The agreement provides for complete settlement of all disputes between the parties and payment of an amount to Complainant which the parties wish to remain confidential. All parties have been represented by counsel throughout the proceedings. After review of the General Release and Settlement, I find the agreement to be reasonable and recommend approval.
Therefore, it is recommended that the following Order be entered by the Secretary of Labor,
It is hereby ORDERED that the General Release and Settlement dated July 18, 2002, between Omar Shafey, Complainant, and the named Respondents, is approved and the Complaint is DISMISSED WITH PREJUDICE, and it is further,
ORDERED that the hearing scheduled to commence on August 6, 2002 is CANCELLED.
ROBERT L. HILLYARD
Administrative Law Judge
NOTICE: This Recommended Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.7(d) and 24.8.
