BEFORE: THE SECRETARY OF LABOR
FINAL ORDER OF DISMISSAL
Before me for review is the [Recommended] Order Granting Motion to
Dismiss Without Prejudice issued by Administrative Law Judge (ALJ) Richard E. Huddleston on
January 30, 1990, in the captioned case which arises under the employee protection provision of
the Surface Transportation Assistance Act of 1982 (the STAA), 49 U.S.C. app. § 2305
(1982).
The record shows that the Prosecuting Party, with the consent of
Complainant, moved for dismissal of the case without prejudice on the ground that the
Prosecuting Party had undertaken to proceed against Respondent by filing a proof of claim on
Complainant's behalf in Respondent's Chapter 7 bankruptcy proceeding for the lost wages and
other damages sought in the present action. The ALJ granted the motion to dismiss by order of
January 30, 1990. The ALJ's [recommended] order of dismissal apparently was not served on the
Trustee in bankruptcy, although the original motion to dismiss was so served.
On March 28, 1990, I issued an Order to Show Cause to permit the
Trustee in bankruptcy of the estate of Respondent Steve D. Thompson Trucking, Inc., as well as
the President of Respondent Steve D. Thompson, Trucking, Inc., to show cause within 20 days of
receipt of said order why this case should not be dismissed without prejudice.2 I further stated in the March 28, 1990,
order that if no cause is shown by these parties, a final order will be issued dismissing this case
without prejudice. The time allotted for responding to the show cause order has expired and no
response has been submitted.
Wherefore, pursuant to Rule 41(a)(2), Federal Rules of Civil
Procedure, I approve and adopt the ALJ's recommended order of dismissal, which I append
herewith. Accordingly, this case is DISMISSED without prejudice.
SO ORDERED.
Elizabeth Dole
Washington, D.C.
[ENDNOTES]
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