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OFFICE OF ADMINISTRATIVE LAW JUDGES
Case No. 96-ERA-19
In the Matter of
DOUGLAS HARRISON,
v.
STONE & WEBSTER ENGINEERING CORPORATION,
The Honorable Ainsworth H. Brown, presiding
This matter having come before the presiding Administrative Law Judge upon the joint stipulation and motion of complainant Douglas Harrison and respondent Stone & Webster Engineering Corporation to dismiss the complaint with prejudice, except as dismissed by the earlier Orders of July 19 and July 26, 1996;
And the presiding Administrative Law Judge having duly considered this proposed stipulation in telephonic conference with counsel for the parties on July 22, 1996, and being fully advised thereof,
It is therefore on this 7th day of August, 1996, ORDERED that the aforesaid stipulation is accepted;
And it is further ORDERED that the complaint of Douglas Harrison is hereby dismissed, with prejudice, except insofar as dismissed by the earlier Orders of July 19 and July 26, 1996.
NOTICE: This Recommended Order and the administrative file in this matter will be forwarded for final decision to the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, DC 20210. See 61 Fed. Reg. 19978 and 19982 (1996).
OFFICE OF ADMINISTRATIVE LAW JUDGES
Case No. 96-ERA-19
In the Matter of
DOUGLAS HARRISON,
v.
STONE & WEBSTER ENGINEERING CORPORATION,
The Honorable Ainsworth H. Brown, presiding
JOINT STIPULATION ON VOLUNTARY
WITHDRAWAL OF COMPLAINT AND MOTION TO
DISMISS
The parties recognize and recite that, in the course of telephone conferences with Administrative Law Judge Ainsworth H. Brown, the Court has stated its understanding that the Secretary of Labor has disavowed the existence of subpoena power under Section 211 of the Energy Reorganization Act, 42 U. S. C. § 5851. Each party has acted in good faith to persuade non-parties (or lawful representative on their behalf) to appear voluntarily for depositions and at trial, but witnesses with relevant knowledge have declined to appear voluntarily. In view of the unwillingness of these witnesses to appear voluntarily and the lack of subpoena power to compel their attendance at depositions or trial, complainant hereby withdraws his complaint and asks that this proceeding be dismissed with prejudice, except that this Stipulation on Voluntary Withdrawal of Complaint and voluntary dismissal with prejudice shall not apply to those portions of the complaint encompassed by the Orders of this Court dated July 19 and July 26, 1996.