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Murray v. Palmetto State Transportation, 2003-STA-34 (ALJ Nov. 6, 2003)
U.S. Department of Labor | Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 | ![]() |
Issue Date: 06 November 2003
IN THE MATTER OF
RICHARD S. MURRAY
v.
PALMETTO STATE TRANSPORTATION
Appearances:
Paul Taylor, Esq.
John Mann, Esq.
Before: Lee J. Romero, Jr.
CASE NO.: 2003-STA-34
Complainant
Respondent
For the Complainant
For the Respondent
Administrative Law Judge
After investigation of the complaint, Occupational Safety and Health Administration, U.S. Department of Labor, issued the Secretary's Findings which were adverse to the Complainant. The Complainant appealed the findings and the case was transferred to the Office of Administrative Law Judges for hearing. On June 6, 2003, a Notice of Hearing and Pre-Hearing Order was issued scheduling a hearing on October 15, 2003, in Greenville, South Carolina. On September 24, 2003, Counsel for Complainant, by facsimile, advised that a settlement agreement had been reached by the parties. The hearing was cancelled pending receipt of the proposed settlement agreement.
On November 3, 2003, Counsel for Complainant filed an Unopposed Motion to Approve Settlement and Dismiss Proceeding. The Agreement provides for waiver of reinstatement by Complainant to Respondent and payments of a sum certain to Complainant and to Paul O. Taylor for attorney's fees for services rendered in the representation of Complainant. The Agreement is to remain confidential to the extent provided by law. After reviewing the proposed Settlement Agreement, which is signed by Complainant and the President of Respondent, I find that it is fair, adequate and reasonable and, accordingly, it is approved.
It is, therefore,
ORDERED that the Settlement Agreement is hereby APPROVED, and it is further ORDERED that the complaint of Richard S. Murray is hereby DISMISSED with prejudice.
ORDERED this 6th day of November, 2003, at Metairie, Louisiana.
LEE J. ROMERO, JR.
Administrative Law Judge