Department of Labor Office of Administrative Law Judges
Heritage Plaza, Suite 530
111 Veterans Memorial Blvd.
Metairie, LA 70005
(504) 589-6201
Date: June 8, 1994
CASE NO. 94-TSC-5
IN THE MATTER OF
JUDY K. STEPHENSON,
Complainant,
v.
NATIONAL AERONAUTICS & SPACE ADMINISTRATION; MARTIN MARIETTA
SERVICES INC.; MARTIN MARIETTA CORP.; CATHY KRAMER; CAROLYN
HUNTOON;HENRY FLAGG, JR.; JENNIFER VILLARREAL; & SAM PEREZ,
Respondents
RECOMMENDED ORDER DISMISSING RESPONDENTS MARTIN
MARIETTA SERVICES, INC., AND MARTIN MARIETTA CORPORATION
Complainant and some but not all of the respondents named in this
proceeding, to wit: Martin Marietta Services, Inc., and Martin Marietta corporation have entered into
a settlement which provides that for a stated sum, a portion of which goes to complainant's counsel,
complainant agrees to the dismissal with prejudice of her claims against the settling respondents.
The settlement further provides for confidentially of its terms and recites that the settling respondents
regard the information contained in the settlement as trade secrets and commercial or financial
information of a privileged or confidential nature as contemplated by 5 U.S.C. § 552(b)(4).
Having reviewed the settlement, it is concluded that its terms are fair,
adequate and reasonable. It is therefore recommended that the settlement be approved and the
settling respondents in this proceeding be dismissed. In order to give effect to the confidentiality
provision of the settlement and afford the settling respondents notice of any proposed disclosure of
its terms and an opportunity to respond and prevent disclosure, it is also recommended that a
protective order be issued ordering that the terms of the settlement not be disclosed without
predisclosure notification to the settling respondents.
[Page 2]
IT IS ORDERED that Martin Marietta Services, Inc., and Martin
Marietta Corporation be DISMISSED as respondents in this proceeding.
IT IS FURTHER ORDERED that the settlement agreement be clearly
marked as "confidential commercial information" and that Martin Marietta Services,
Inc., be given notification of the disclosure of its contents in accordance with the procedures
prescribed at 29 C.F.R. § 70-26.
