U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, Ohio 45202
DATE: November 29, 1995
CASE NO.: 93-CAA-00011
In the Matter of:
PATRICK STUDER
Plaintiff
v.
FLOWERS BAKING COMPANY OF
TENNESSEE, INC.
Respondent
RECOMMENDED ORDER APPROVING GENERAL RELEASE
AND SETTLEMENT AGREEMENT
This case arises pursuant to a complaint
filed by the Plaintiff, Patrick Studer, under the Clean Air Act,
Public Law 95-95, § 322, 42 U.S.C. § 7622. On November
15, 1995, Counsel for the Respondent submitted a signed General
Release and Settlement Agreement. The General Release and
Settlement Agreement is signed by Larry Ebert as representative
for Flowers Snack of Tennessee, Inc., and by the Complainant,
Patrick Studer, and his wife, Katie Studer.
The terms of the General Release and
Settlement Agreement appear to be fair, adequate, and reasonable.
It is noted that the agreement also provides that it is the
mutual intention and desire of the parties that the payments made
under this agreement be kept strictly confidential by the U. S.
Government, and any agency and/or subdivision thereof, and that
such terms should be treated as confidential commercial
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information protected from disclosure under the Freedom of
Information Act ("FOIA") by 29 C.F.R. Part 70.26(b).
Accordingly, it is Recommended that the Secretary of Labor enter
an order dismissing this proceeding with full prejudice.
Issued this the 29th day of November, 1995, at
Cincinnati, Ohio.
Richard E. Huddleston
Administrative Law Judge
NOTICE: This Recommended Order and the administrative file in
the matter will be forwarded for review by the Secretary of
Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Avenue, N.W., Washington, D.C., 20210. The Office of
Administrative Appeals has the responsibility to advise and
assist the Secretary in the preparation and ssuance of final
decisions in employee protection cases adjudicated under the
regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed.
Reg. 13250 (1990).
