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Tatum v. Clark Environmental Mosquito Management, 2003-CAA-3 (ALJ Jan. 17, 2003)


U.S. Department of LaborOffice of Administrative Law Judges
800 K Street, NW, Suite 400-N
Washington, DC 20001-8002
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Issue Date: 17 January 2003
Case Number 2003CAA 00003

In the Matter of

Jack Tatum
    Complainant

    v.

Clark Environmental Mosquito Management
    Respondent

ORDER
RECOMMENDING APPROVAL OF SETTLEMENT AGREEMENT
AND
DISMISSAL OF COMPLAINT WITH PREJUDICE

   This case comes pursuant to the Clean Air Act, 42 USC § 7622 and implementing regulations found at 29 CFR Part 24, and the Rules of Practice and Procedure for Administrative Hearings before the Office of Administrative Law Judges found at 29 CFR Part 18.    On January 15, 2003, the parties entered into a Joint Stipulation for Dismissal with Prejudice, and advise me that they have resolved all issues raised by the instant complaint and request dismissal with prejudice. Pursuant to 29 CFR §18.9, there is no reason to reject the request, and therefore a dismissal with prejudice is recommended.

SO ORDERED.

       Daniel F. Solomon
       Administrative Law Judge

NOTICE: This Recommended Decision and 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 th Order and the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W. Washington, D.C. 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief, Administrative Law Judge. See 29 C.F.R. ¶¶ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614(1998).



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