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White v. J.B. Hunt Transport, Inc., 2003-STA-44 (ALJ June 10, 2004)
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: 10 June 2004
CASE NO.: 2003-STA-00044
IN THE MATTER OF
FERNANDO DEMECO WHITE,
v.
J. B. HUNT TRANSPORT, INC.,
Complainant
Respondent
and DISMISSING COMPLAINT
This case arises under the employee protection provisions of Section 405 of the Surface Transportation Act (STAA) 49 U.S.C. § 31105. On May 24, 2004, the parties submitted an executed and "confidential" Mutual General Release, Settlement Agreement, and Covenant Not to Sue in final disposition of the case. (The Mutual General Release, Settlement Agreement, and Covenant Not to Sue is attached hereto and marked as "Exhibit A ").
By the signing of this "confidential" Mutual General Release, Settlement Agreement, and Covenant Not to Sue, the parties have demonstrated their intent to keep the settlement agreement confidential. The agreement will remain confidential insofar as provided by law. Pursuant to 29 C.F.R. § 18.56 the settlement agreement and exhibit will be maintained within a "restricted access" portion of the record.
This Administrative Law Judge, having reviewed the Settlement Agreement, finds the terms of the agreement to be fair, adequate, reasonable, and adequately protect Complainant. Furthermore, it is in the public interest to adopt the agreement as a basis for the administrative disposition of this case.
Upon consideration of the foregoing,
IT IS HEREBY ORDERED that the settlement agreement shall be, and the same hereby is APPROVED pursuant to the provisions of 29 C.F.R. § 1978.111(d)(2), and that this case is hereby DISMISSED with Prejudice.
So ORDERED this 10th day of June, 2004.
LARRY W. PRICE
LWP:bbd
Administrative Law Judge