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Rondinelli v. Consolidated Edison Co. of New York, Inc. , 91-CAA-3 (ALJ Mar. 23, 1992)


UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES

Case No. 91-CAA-3

In the Matter of

DOMINICK RONDINELLI

    - against -

CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.

ORDER APPROVING SETTLEMENT AND
RECOMMENDED ORDER OF DISMISSAL WITH PREJUDICE

    This is a proceeding under the employee protection provisions of the Clean Air Act, 42 U.S.C. § 7622. The parties herein have reached a comprehensive settlement resolving the dispute underlying this proceeding as well as other actions in other forums and have filed a confidential Settlement Agreement and General Release providing, among other things, for the dismissal of the complaint in this proceeding on the merits with prejudice and without costs or attorney's fees. The settlement agreement sets forth the actual terms and conditions to which the parties have agreed.

    To the extent that the settlement agreement encompasses matters arising under the Clean Air Act, the undersigned has found the terms of the settlement agreement to be a fair, adequate and reasonable settlement of Complainant's allegations in this proceeding, and, the parties having jointly moved for an order approving the settlement and dismissing the complaint on the merits, with prejudice and without costs or attorney's fees, and upon all of the papers and proceedings heretofore had herein, it is hereby


[Page 2]

    ORDERED that the Settlement Agreement and General Release be approved, and it is further

    RECOMMENDED that the Secretary of Labor enter a final order, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, dismissing the complaint on the merits as settled, with prejudice and without costs or attorney's fees to either party against the other.

    SO ORDERED.

       ROBERT J. FELDMAN
       Administrative Law Judge

Dated: March 23, 1992
Washington, D.C.



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