THE TRUSTEES OF THE UNIVERSITY
OF PENNSYLVANIA,
Respondent
David Kairys, Esq.
For the Claimant
Alan Berkowitz, Esq.
For the Respondent
Before Steven E. Halpern
Administrative Law Judge
DECISION AND ORDER APPROVING SETTLEMENT -
RECOMMENDED
Following protracted negotiations the parties have entered into
the appended Settlement Agreement And General Release in resolution of
the above captioned matter under the Energy Reorganization Act of
1974, as amended, 42 U.S.C. Section 5851 (1988).
In connection with said Agreement I call to the Secretary's,
attention following, and append hereto the documents referred to.
[Page 2]
Complainant, having executed the Agreement on April 14, 1992,
lodged in the undersigned's office, on April 28, 1992, copies of
letters dated April 17, 1992, April 21, 1992 and April 22, 1992, which
indicate his discharge of Jules Epstein, Esq. of the firm of Kairys
and Rudovsky, as counsel, and his rescission of the settlement
agreement as a result of difficulty encountered by him in summer
registration for classes.
By letter dated April 29, 1992, Mr. Epstein explained the nature
of the problem, indicated that notwithstanding the aforesaid
correspondence the settlement agreement remained in place; and, that
while he personally no longer represented complainant David Kairys,
Esq. of the firm did represent him.
On May 4, 1992, there was lodged in the undersigned's office a
document executed by claimant May 1, 1992, entitled "Reconfirmation of
Settlement". In said document claimant confirmed that he was indeed
represented by Mr. Kairys and expressly stated "I reconfirm the
settlement in the above matter and hereby withdraw any and all earlier
rescissions and renunciations of that settlement which I have made."
There then follows a paragraph in which complainant records his
intent to resolve the original charge through said Settlement
Agreement, as well as his intent to preserve his right to bring a
future action based on violation of the agreement itself.
Having concluded that the Settlement Agreement remains in place,
I further find it to be fair, adequate and reasonable. I therefore
recommend that the Secretary enter an Order approving it, and
(item 12 thereof) dismissing the matter with prejudice pursuant to
Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure.