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Weidel v. U.S. Department of Justice, 1997-CAA-18 (ALJ Sept. 29, 1999)


U.S. Department of LaborOffice of Administrative Law Judges
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Pittsburgh, PA 15220

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DATE: September 29, 1999

CASE NO. 1997-CAA-18

IN THE MATTER OF

RUTH ANN WEIDEL
    Complainant

    v.

U.S. DEPARTMENT OF JUSTICE
    Respondent

RECOMMENDED ORDER OF DISMISSAL

   Complainant alleged in her complaint that in terminating her employment, two employees of the United States Department of Justice, the U.S. Attorney and First Assistant U.S. Attorney in the Southern District of Texas, violated her protection provisions of four separate environmental statutes. Trial had been scheduled for October 4, 1999 in Houston, Texas, however, in the interim, the Complainant, Ruth Ann Weidel, decided to voluntarily withdraw her complaint. The reasons for her decision are set out in a letter from her attorney, David H. Shapiro to Joseph Gontram, United States Department of Justice, said letter dated August 25, 1999. In this letter, Mr. Shapiro states that the Department of Justice will consent to the dismissal with each party bearing their own costs and attorneys' fees.

   I have a written stipulation, signed by the attorneys dated August 20, 1999 entitled, "Stipulation of Dismissal." The Stipulation indicates that the parties agree to the dismissal of the complaint pursuant to 29 C.F.R. § 18.1(a) and Rule 41(a) of the Federal Rules of Civil Procedure, each party to bear their own costs and attorneys' fees. It also states that the dismissal is not part of any settlement or any other agreement between Ms. Weidel and the Department of Justice.

   Wherefore, the above considered, it is hereby recommended that an Order be issued dismissing the complaint pursuant to 29 C.F.R. § 18.1(a) and Rule 41(a) of the Federal Rules of Civil Procedure.

      MICHAEL P. LESNIAK
      Administrative Law Judge

MPL:mr



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