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Date Issued: August 6, 1999
CASE NO: 1999-STA-33
In The Matter of,
RICHARD HAMRICK
Complainant
v.
ASCHE TRANSFER, INC.
Respondent
ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This matter involves a complaint filed by Complainant under the Surface
Transportation Assistance Act of 1982, 49 U.S.C. § 31105 and its implementing regulations, 29
C.F.R. § 1978. The parties have submitted a "Stipulation for Approval of Settlement and For
Dismissal With Prejudice" and Release which has been executed by the parties as well as by counsel
for each of the parties.
The Settlement Agreement contains, interalia, a confidentiality
provision. The Settlement Agreement contains certain exceptions to the confidentiality provision which
allows disclosure of the terms and conditions of the settlement "to the extent required by law . . .
" I find that, when properly construed, the Settlement Agreement does not violate public policy or
conflict with the Freedom of Information Act (FOIA).
Pursuant to 29 C.F.R. § 1978.111(d)(2), I find that the Settlement Agreement
is a fair, adequate and reasonable resolution of the complaint.
Accordingly, IT IS HEREBY ORDERED that,
1. The settlement agreement executed by the parties be approved and the terms
thereof be effectuated.
2. The complaint be dismissed with prejudice.
3. The Respondent pay Complainant's Attorney Paul O. Taylor, attorney fees in the
amount of $4,062.50, in conformance with the agreement of the parties and the verified application for
attorney fees filed on July 30, 1999.
ORDERED this 6th day of August, 1999, at Metairie, Louisiana.