Tribe of Indians v. USDOL,
92-JTP-7 (ALJ Aug. 4, 1995)
U.S. Department of Labor Office of Administrative Law Judges
501 W. Ocean Boulevard, Suite 4300
Long Beach, California 90802
(310) 980-3594
(310) 980-3596
FAX (310) 980-3597
DATE: August 4, 1995
CASE NO: 92-JTP-7
IN THE MATTER OF
NAVAJO TRIBE OF INDIANS,
Complainant,
v.
U.S. DEPARTMENT OF LABOR,
Respondent.
ORDER OF DISMISSAL
This matter arises under the Job Training Partnership
Act (JTPA), 29 U.S.C. § 1501, etseq., and the
regulations promulgated thereunder at 20 C.F.R. Part 636. This matter was
referred to the Office of Administrative Law Judges for hearing and
assigned to the undersigned Administrative Law Judge, who set this matter
for hearing in Widow Rock, Arizona on Monday, November 14, 1994.
However, prior to the hearing the parties informed this
office that they had reached an agreement that would solve the dispute in
this matter. However, "due to the Navajo Nation's legislative
process, monies cannot be appropriated to settle these matters until after
the Navajo Nation's Council's legislative session begins in April,
1995." Therefore, the settlement could not be fully executed until
after the Council's session.
Pursuant to the "Parties Joint Motion For
Continuance", received on November 14, 1994, this matter was continued
until June 1995, after which time the Navajo Nation Council has had an
opportunity to consider the terms of the settlement offer.
On August 4, 1995, this office received the parties
"Stipulation of Dismissal with Prejudice", signed by counsel for
the Navajo Nation and counsel for the Department of Labor. Said
stipulations state that the parties have entered into a stipulation
agreement which resolves the issue pending before this office. Counsel
request that this matter be dismissed with prejudice.
After reviewing the entire file in this matter and
further being fully advised in the premises, it is determined that the
Stipulation for Dismissal by both parties in the above-styled matter should
be GRANTED. Accordingly, the undersigned approves the stipulation
of dismissal in the above-styled matter and this matter is HEREBY
DISMISSED with prejudice.
Entered on this 4th day of August, 1995, at Long Beach,
California.