U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, Ohio 45202
Date Issued: July 18, 1991
Case No. 91-TSC-4
In the Matter of
DONALD E. EVERHART
Complainant
versus
TECUMSEH PRODUCTS COMPANY
Respondent
RECOMMENDED ORDER OF
DISMISSAL
This case arises under the provisions of The Toxic
Substances Control Act, Public Law 94-469, Section 23, 15 U.S.C.
Section 2622 and the applicable regulations which are found at 29
C.F.R. Part 24. The case was initiated as the result of an
appeal taken by Complainant from an adverse ruling made by the
U.S. Department of Labor.
On June 17, 1991, David J. Linesch, counsel for Complainant,
filed a Notice of Voluntary Dismissal by Stipulation. The Notice
is signed by Mr. Linesch and also by Donald E. Everhart and
counsel for the Respondent. In an earlier letter dated June 3,
1991, Mr. Everhart submitted a statement indicating that he was
no longer interested in pursuing his complaint due to a lack of
funds. I accept his statement as a request by Mr. Everhart to
withdraw his complaint.
The 29 C.F.R. Part 24 regulations providing the procedures
for the handling of a Toxic Substances Control Act complaint
provide no guidance as to the processing of a withdrawal request
under these circumstances. The same is true with respect to the
Rules of Practice and Procedure for Administrative Hearings
before judges in this office. 29 C.F.R. Part 18. Therefore, the
Rules of Civil Procedure for the District Courts of the United
[Page 2]
States are to be applied. 29 C.F.R. § 18.1. Federal Rule Civil
Procedure 41(a)(1) provides for a voluntary dismissal based upon
the filing of a Stipulation of Dismissal signed by all parties
who have appeared in the action. The dismissal under these
circumstances is without prejudice.
The Notice of Voluntary Dismissal by Stipulation filed by
the parties pursuant to authority conferred by Rule 41(a)(1)(ii)
complies in all respects with the Federal Rule.
Based upon the request of Complainant, IT IS RECOMMENDED to
the Secretary of Labor that the Voluntary Dismissal request of
Complainant be accepted. The request for dismissal made by the
Complainant involves no settlement agreement between the parties.
