U.S. Department of Labor
Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036
Date Issued: AUG 2 1989
Case No.: 88-TSC-2
In the Matter of
Donald Terry Anderson,
Claimant
v.
Waste Management of New
Mexico, Employer
RECOMMENDED ORDER FOR DISMISSAL
WITH PREJUDICE
This matter arises under the provisions of the Toxic
Substance Control Act, 15 U.S.C. 6971 (the Act), and the
regulations governing the handling of complaints found at 29 CFR
Part 24.
On a complaint filed by the plaintiff, this case was tried
at Albuquerque, New Mexico. The parties were represented by
counsel, and both sides fully presented evidence in support and
in defense of the complaint. The parties now advise that they
have settled their differences, and they jointly move to dismiss
the case with prejudice.
Upon consideration of the evidence produced at the trial,
it is felt that the disposition of the case requested by the
parties is appropriate. Indeed, the parties are acting on a post
trial suggestion that they undertake settlement discussions
bearing in mind the strengths and weaknesses of their respective
cases. While they have not disclosed the consideration for their
settlement, post trial discussions with counsel indicate that the
cost of continued litigation was a factor moving the parties to
agreement. There is no fault to be found with either the
motivation or the exchange of consideration.
[Page 2]
Dismissal is in the best interests of each side.
RECOMMENDED ORDER
It is recommended that the Secretary, U. S. Department of
Labor, grant the motion of the parties and dismiss this case with
prejudice.