Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue date: 26Apr2002
Case No.: 2001-ERA-0007
In the Matter of:
PHILIP BORRIS,
Complainant
v.
SAFETY AND ECOLOGY CORPORATION,
Respondent
RECOMMENDED ORDER OF DISMISSAL
This case arises under the provisions of Section 211 of the Energy Reorganization Act of 1974, 42 U.S.C. § 5851. A formal hearing is scheduled to commence on May 13, 2002, in Cincinnati, Ohio.
On April 24, 2002, Charles J. Fitzpatrick, attorney for Philip Borris, Complainant, filed a Notice Of Withdrawal, in which he stated that "Philip Borris, Complainant in the above cause, hereby gives notice of his withdrawal of the pending claim, made under Section 211 of the Energy Reorganization Act." On April 25, 2002, John C. Burgin, attorney for Safety and Ecology Corporation, filed a response in which he stated that his client has no opposition to dismissal of the case without prejudice. In such cases, dismissal of the claim is appropriate under Fed.R.Civ.Proc. 41(a)(2); Holmes v. Texas Utilities, 93-ERA-10 (Secy Feb. 26, 1993); Gergans v. Edward Hines Hospital, 94-ERA-26 (Secy Dec. 7, 1994).
Upon consideration of the Notice of Withdrawal and response thereto, it is hereby,
ORDERED that this complaint is DISMISSED without prejudice. It is further,
ORDERED that the hearing scheduled on May 13, 2002 is CANCELED.
Robert L. Hillyard
Administrative Law Judge
NOTICE: This Recommended Order of Dismissal shall 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 Order of Dismissal, 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).
