Before me for review is the Recommended order of Dismissal
issued by the Administrative Law Judge (ALJ) on July 18, 1991, in
this case arising under the Toxic Substances Control Act, as
amended (TSCA), 15 U.S.C. § 2622 (1988). The ALJ recommends that
the case be dismissed without prejudice under Fed. R. Civ. P.
41(a)(1)(ii) based on a Notice of Voluntary Dismissal by
Stipulation filed by the parties.
The Notice of Voluntary Dismissal by Stipulation, signed
by Complainant individually and by counsel for Complainant and
counsel for Respondent, constitutes a stipulation of dismissal
by the parties satisfying the requirements of Rule 41(a)(1)(ii).
See Nunn v. Duke Power Co., Case No. 84-ERA-27, Sec. Order,
Sept. 29, 1989, slip op. at 2-4; Hooks v. Transportation
Services Inc., Case No. 88-STA-7, Sec. Order, June 24, 1988,
slip op. at 2. The ALJ's finding that no settlement is involved
in this case is supported in the record. Letter of David J.
Linesch, Esq., to Hon. Rudolf L. Jansen of May 13, 1991. See
generally Scott v. American Protective Services Inc., Case No.
89-ERA-35, Sec. Order, Feb. 15, 1990. Under these circumstances
dismissal under Rule 41(a)(1)(ii) is proper. Accordingly, I
accept the recommendation of the ALJ that this case be, and it
hereby is, DISMISSED without prejudice pursuant to Rule
41 (a)(1)(ii).