Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
Issue date: 24Sep2001
CASE NO: 2001-ERA-20
In the Matter of
DANIEL A. DANSARD
Complainant
v.
BARTLETT NUCLEAR, INC.
Respondent
RECOMMENDED ORDER OF DISMISSAL
This proceeding arises under Section 211 of the Energy Reorganization Act of 1974, 42 USC § 5851 ("Act"). Daniel Dansard filed a complaint of discrimination under the Act by letter dated October 18, 2000. The U. S. Department of Labor, Occupational Safety and Health Administration investigated the complaint and found it had no merit. Karen Stone, Assistant Area Director, U.S. Department of Labor, Occupational Safety and Health Administration notified Mr. Dansard regarding the no merit finding by letter dated April 23, 2001. Mr. Dansard exercised his appeal rights by letter of May 1, 2001 and the matter was set for trial by Notice of Hearing dated May 14, 2001.
On September 20, 2001, this office received a Stipulation of Dismissal with prejudice signed by the parties. This Stipulation set forth the following: that the complainant, Daniel A. Dansard and the respondent, Bartlett Nuclear, Inc., dismissed the matter with prejudice pursuant to Federal Rule of Procedure 41(a)(1)(ii) with each party to bear his own costs and attorneys' fees. On September 21, 2001, I received a letter from Larry Rappoport, Attorney for Bartlett Nuclear, Inc., representing that there was no settlement agreement, either written or otherwise entered into between the complainant and Bartlett Nuclear, Inc., and no consideration of any kind was provided to the complainant by the respondent with regard to the complainant's withdrawal of the complaint and his willingness to enter into the stipulation for dismissal with prejudice.
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Wherefore, the above considered, it is hereby recommended that this case be dismissed and the hearing scheduled for October 16, 2001 in Columbus, Ohio is cancelled. Since the complainant is not represented by an attorney, I am reluctant to recommend that the case be dismissed with prejudice.
MICHAEL P. LESNIAK
Administrative Law Judge
NOTICE: This Recommended Order of Dismissal 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 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).
