Office of Administrative Law Judges Seven Parkway Center - Room
290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
DATE: JANUARY 24, 2000
CASE NO. 1997-ERA-42
In the Matter of:
LOUEM BOSCHUK
Complainant
v.
J & L TESTING COMPANY
Respondent
ORDER GRANTING MOTION TO DISMISS
The above-captioned case was heard by the undersigned on July 23, 1998. A
second hearing was scheduled for January 28, 1999 in order to allow a witness, who was ill, to testify.
This hearing was continued due to the illness of complainant's counsel. By letter dated January 2, 2000,
complainant informed the Court that he has been unable to find replacement counsel and is withdrawing
his complaint. Complainant further states that he released respondent J & L Testing Company, Inc. from
the November 27, 1997, judgment issued by the undersigned. There is no settlement in this case and
respondent does not object to complainant's withdrawal in Case No. 96-ERA-16 of his claim.
Accordingly, pursuant to Federal Rules of Civil Procedure 41(a)(2),
ORDER
IT IS ORDERED that complainant's request to dismiss his claim be, and it is
hereby, GRANTED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that, because the November 27, 1997 judgment is
final, and has been upheld by the United States Court of Appeal for the Third Circuit Court, and it is this
Court's belief that the judgment has already been paid to complainant, complainant's request to release
J & L Testing Company, Inc. from the judgment be, and it is hereby, DENIED.
DANIEL L.
LELAND
Administrative
Law Judge
DLL/lab
NOTICE: This Order Granting Motion to Dismiss 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, United States Department of Labor, Room S-4309, Frances Perkins
Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such a petition for review must be
received by the Administrative Review Board within ten business days of the date of this Order Granting
Motion to Dismiss, and shall be served on all parties and on the Chief, Administrative Law Judge. See
29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).
