DOL Home > OALJ > Whistleblower > Smith v. Raytheon Engineers and Constructor Inc., 95-ERA-37 (ALJ Aug. 24, 1995) |
Date: August 24, 1995 Case No. 95-ERA-37 In the Matter of: ICHAEL E. SMITH Complainant v. RAYTHEON ENGINEERS AND CONSTRUCTOR, INC. Respondent NOTICE OF CANCELLATION OF HEARING AND RECOMMENDED ORDER OF DISMISSAL Complainant Michael E. Smith filed a complaint under the employee protection provisions of the Energy Reorganization Act, as amended ("ERA"), 42 U.S.C. §5851, on March 6, 1995. On June 7, 1995, the Assistant District Director, Wage and Hour Division, Syracuse, NY, dismissed his claim. Complainant submitted a request for a hearing to the office of Administrative Law Judges on June 13, 1994. By order of July 18, 1995, I scheduled a hearing for August 29-30, 1995. On August 23, 1995, the parties submitted a stipulation of dismissal with prejudice. Rule 41(a) of the Federal Rules of Civil Procedure is applicable to cases filed under the ERA, and allows the parties to stipulate to a voluntary dismissal. See Blevins v. Tennessee Valley Authority, 90-ERA-4 (Sec'y June 28, 1993). Such a stipulation of dismissal may be with prejudice. See Dysert v. Florida Power & Light Co., 92- ERA-26 (Sec'y June 28, 1993). The stipulation of dismissal complies with the requirements of Rule 41(a)(1)(ii). Therefore, the hearing scheduled for August 29-30, 1995 is cancelled, and I recommend that this case be dismissed with prejudice. RECOMMENDED ORDER The complaint is hereby DISMISSED WITH PREJUDICE. EDITH BARNETT Administrative Law judge