Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue date: 30Mar2001 CASE No. 1999-SWD-0003
TONY SMITH,
Plaintiff,
v.
CITY OF MARTIN
Respondent.
RECOMMENDED ORDER OF DISMISSAL
This matter arises under the employee protective provisions of Section 7001(a) the Solid Waste Disposal Act, 42 U.S.C, Section 6971, Section 23(a) of the Toxic Substances Control Act, 15 U.S.C Section 2622, and the applicable regulations under 29 C.F.R. Part 24. It was initiated before the Office of Administrative Law Judges as the result of an appeal taken by the Complainant, Tony Smith, from an adverse ruling made by the United States Department of Labor, and assigned to the undersigned for hearing. The hearing was originally scheduled for May 16-17, 2000, and was subsequently continued to discuss settlement. Upon an apparent failure of the parties to agree on terms of settlement, the matter was again scheduled for hearing on February 27-28, 2001, continued at the request of the parties, and rescheduled for April 2-3, 2001.
On March 29, 2001, the attorneys for the Complaint and Respondent, City of Martin, Tennessee, submitted an approved and signed joint stipulation of dismissal, pursuant to Rule 41 (a)(1)(ii) of the Federal Rules of Civil Procedure, which is attached hereto, and incorporated herein.
As Mr. Smith has expressed to this office his desire to withdraw the complaint, and neither the provisions of 20 C.F.R. Part 20, nor those of 20 C.F.R. Section 18, provide for withdrawal or voluntary dismissal of the complainant, (see the discussion of Judge Jansen in his recommended order of dismissal, in Donald E. Everhart v. Tecumseh Products Company, 91-TSC-4, July 18, 1991, and approval thereof by the Secretary of Labor on September 21, 1991) the parties have jointly stipulated to the dismissal pursuant to the provisions Rule 41 (a)(1)(ii) of the Federal Rules of Civil Procedure as above indicated. Therefore,
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IT IS MY RECOMMENDATION to the Administrative Review Board that the complaint be dismissed without prejudice pursuant to the provisions Rule 41 (a)(1)(ii) of the Federal Rules of Civil Procedure; and
IT IS ORDERED that the hearing scheduled for April 3-5, 2001 be cancelled pending final order of dismissal by the Administrative Review Board.
