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Buck v. Tennessee Valley Authority, 91-ERA-10 (ALJ Nov. 5, 1991)


BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
UNITED STATES OF AMERICA
DEPARTMENT OF LABOR

Case No. 91-ERA-10

IN THE MATTER OF

JIMMIE L. BUCK
   Complainant

    v.

TENNESSEE VALLEY AUTHORITY
   Respondent

RECOMMENDED ORDER OF DISMISSAL

   During a telephone conference on October 9, 1991, complainant Jimmie L. Buck requested that this proceeding be dismissed. Ms. Buck was advised that the statute of limitations would preclude her from bringing the same claims in the future. Counsel for respondent Tennessee Valley Authority (TVA) stated that TVA has no objection to complainant's voluntary dismissal of this proceeding. Since no settlement is involved in this case and both parties have stipulated, as evidenced by the signatures below, that this proceeding should be dismissed, it is hereby recommended that this proceeding be dismissed pursuant to Rule 41(a)(1)(ii), Fed. R. Civ. P., and 29 C.F.R. § 18.1(a) (1990). See Denayer v. Tennessee Valley Authority, No. 91-ERA-32 (July 22, 1991) (copy attached); Nunn v. Duke Power Co., No. 84-ERA-27 (Sept. 29, 1989); Hooks v. Transportation Servs., Inc., No. 88-STA-7 (June 24, 1988). The hearing scheduled for October 22, 1991, is hereby cancelled.

   It is so Ordered.

       MICHAEL P. LESNIAK
       Administrative Law Judge

We agree to the terms of
this order and hereby request
that it be entered:

Jimmie L. Buck

    Complainant

Brent R. Marquand
Senior Litigation Attorney
Office of the General Counsel
Tennessee Valley Authority
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1499

    Attorney for Respondent

Dated: November 5 1991

1806g



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