U.S. Department of Labor
Office of AdministrativeLaw Judges
Heritage Plaza, Suite 530
111 Veterans Memorial Blvd.
Metairie, LA 70005
DATE: December 8, 1987
CASE NO. 87-ERA-41
IN THE MATTER OF
ED STITES
Complainant
against
HOUSTON LIGHTING & POWER CO.
Respondent
APPEARANCES
Linda A. Delaney, Esq.
For the Complainant
L. Chapman Smith, Esq.
For the Respondent
BEFORE: PARLEN L. MCKENNA
Administrative Law Judge
DECISION AND ORDER OF DISMISSAL
By Order dated September 14, 1987, the above-captioned
matter was duly set for hearing in Houston, Texas on December 4,
1987. Prior thereto, Counsel for the Complainant contacted my
office indicating that the Complainant did not wish to pursue his
complaint and would not attend the scheduled hearing. By Motion
dated December 1, 1987, Counsel for the Complainant requested
that the Complaint be dismissed without prejudice.
Pursuant to 29 C.F.R. § 24.5(e)(4)(A), the Complainant's
Motion to Dismiss is hereby granted.1
1 29 C.F.R. § 24.3(b) requires
that a Complaint be filed within
30 days of the occurrence of the alleged violation. Therefore,
the grant of the Complainant's Motion herein effectively
precludes any future legal remedy.