Beiriger v. Chevron Overseas Petroleum, 1998-TSC-1 (ALJ July 1, 1999)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive, Suite 603 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

Date: July 1, 1999

Case No.: 1998-TSC-0001

In the Matter of :

STEVEN C. BEIRIGER,
    Complainant,

    v.

CHEVRON OVERSEAS PETROLEUM,
    Respondent

   On June 28, 1999, the parties filed with this Court a Stipulation by the Parties to Complainant's Dismissal Without Prejudice. Attached was a Stipulation signed by respective counsel for the Complainant and Respondent agreeing to a dismissal of the case without prejudice. This request is made pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure.¹

   It appears that the parties have complied with the appropriate rule governing dismissal by stipulation. Accordingly, it is RECOMMENDED that the above-captioned case be DISMISSED without prejudice pursuant to Rule 41(a)(1)(ii).

      DANIEL A. SARNO, JR.
      Administrative Law Judge

DAS/gmb

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, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, DC 20210. Such a petition for review is timely filed with the Administrative Review Board within ten (10) business days of the date of this Recommended Decision and Order, 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).

¹Rule 41(a)(1)(ii) provides for a dismissal without prejudice "by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the . . . stipulation, the dismissal is without prejudice . . . ."