Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202
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Issue date: 06Mar2001 Case No.: 2001-ERA-0001
In the Matter of:
CHARLES D. CABLE,
Complainant
v.
FLUOR FEDERAL SERVICES, and
FLUOR HANFORD, INC.,
Respondents
RECOMMENDED ORDER OF DISMISSAL
This case was referred to the Office of Administrative Law Judges for formal hearing at the request of the Complainant, Charles D. Cable. A conference by telephonic communications was held with the parties on November 21, 2000, during which the Complainant stated that he is considering dismissing the instant administrative complaint and joining a case pending in state court in Benton County, Washington, which includes eleven plaintiffs and has a trial scheduled in May. The parties requested that further action in this case be stayed pending the Complainant's acceptance in the civil case. On February 28, 2001, Dana L. Gold, attorney for the Complainant, wrote:
I am counsel for Charles Cable, the Complainant in the above-referenced case. I am writing on his behalf to advise that he has elected to, and hereby withdraws, his administrative complaint from this forum. He will be seeking a remedy in state court for having been wrongfully discharged by Fluor Federal Services, Inc.
Upon consideration of the request of the Complainant to withdraw his complaint, it is hereby,
ORDERED that the request is GRANTED and the complaint of Charles D. Cable is DISMISSED.
ROBERT L. HILLYARD
Administrative Law Judge
NOTICE: This Recommended Order 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, N.W., Washington, D.C., 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, 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).
