DOL Home > OALJ > Whistleblower > Wagerle v. The University of Pennsylvania School of Medicine, 95-ERA-8 (ALJ June 21, 1995) |
DATE: June 21, 1995 CASE NO. 95-ERA-0008 IN THE MATTER OF L. CRAIG WAGERLE, Complainant, v. THE UNIVERSITY OF PENNSYLVANIA, SCHOOL OF MEDICINE and THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA Respondents. Appearances: L. Craig Wagerle, Ph.D., pro se For Complainant Carol Bassie Trask, Esq. For the Respondent Before: PAUL H. TEITLER Administrative Law Judge RECOMMENDED DECISION AND ORDER APPROVING WITHDRAWAL OF CLAIM A hearing on the complaint under the Energy Reorganization Act filed by the Complainant was scheduled to be heard on December 5, 1995. On December 5, 1994, the Complainant requested a continuance, on the record at the hearing, in order to obtain subpoenas from a U.S. District Court judge. Subsequently, a hearing was scheduled on January 30, 1995. The hearing was held on that date and resumed on May 31, 1995 in accordance with 20 C.F.R. Part 24. On May 31, 1995, on the record at the hearing, the pro se Complainant, L. Craig Wagerle, requested to withdraw this claim
[PAGE 2] without prejudice. The ground for the request is that Complainant is not able to satisfactorily present his case. Counsel for the Respondents did not object to the Claimant withdrawing his claim without prejudice. Based on my consideration of the withdrawal request, and my review of the evidence in this case, I find that the best interests of the Complainant are served by GRANTING this request for withdrawing the claim. I consequently RECOMMEND the request to withdraw this claim without prejudice be APPROVED. RECOMMENDED ORDER IT IS HEREBY RECOMMENDED THAT this matter is withdrawn without prejudice. ________________________ PAUL H. TEITLER Administrative Law Judge PHT:abr NOTICE: This Recommended Decision and Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor to the Office of Administrative Appeals, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., NW, Washington, DC 20210. The Office of Administrative Appeals has the responsibility to advise and assist the Secretary in the preparation and issuance of final decisions in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).