Saporito v. BellSouth Corp., 2004-CAA-8 (ALJ Mar. 15, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 15 March 2004

Case No.: 2004-CAA-0008

In the Matter of:

THOMAS SAPORITO,
    Complainant,

v.

BELLSOUTH CORPORATION, F. DUANE ACKERMAN, and
RICK NOLAND,
    Respondents.

   The matter before the undersigned administrative law judge is the pro se Complainant's March 12, 2004 letter motion to withdraw his complaint and hearing request in the instant case. Complainant has also sought withdrawal of his complaint and hearing request in a related case (Case No. 2004-CAA-00009) brought against Quarles & Brady Streich Lang and David T. Barton, contemporaneously filed with this action and assigned to the undersigned administrative law judge. Both cases arise under the employee protection provisions of the Clean Air Act, 42 U.S.C. §7622 and other environmental statutes. Two other cases involving the same Complainant and the same incidents (Case Nos. 2003-CAA-00001 and 2003-CAA-0002) are pending before Administrative Law Judge Jennifer Gee in San Francisco, following a hearing held before Judge Gee.

   As no answer or motion has been filed by Respondents, the request for withdrawal may be deemed to be a request for dismissal under Rule 41(a)(1)(i). See Rule 41, Fed. R. Civ. Proc.; 29 C.F.R. §18.1. Accordingly, the requirements for voluntary dismissal having been satisfied,

   IT IS ORDERED that the request to withdraw the complaint and hearing request is GRANTED, and the instant case is DISMISSED; and

   IT IS FURTHER ORDERED that dismissal of this action shall have no effect upon the other cases brought by Complainant that are now pending before Judge Gee.

       PAMELA LAKES WOOD
       Administrative Law Judge

Washington, D.C.

NOTICE: This Recommended Final Order of Dismissal 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, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210. To be timely filed, a petition for review must be filed within ten (10) business days of the date of this Recommended Final Order of Dismissal and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.7, 24.8.