U.S. Department of
Labor | Office of Administrative Law Judges 50 Fremont
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Date: October 26, 1999
Case No. 1999-STA-35
In the Matter of
CONNIE G. PORTER,
Complainant
v.
OTRX, INC.,
Respondent
Paul O. Taylor, Esq.
Truckers Justice Center
4151 Knob Drive, Suite 205
Eagan, MN 55122
For Complainant
Lynn McCreary, Esq.
7500 College Boulevard, Suite 1100
Overland Park, KS 66210
For Respondent
Before: ALFRED LINDEMAN
Administrative Law Judge
RECOMMENDED DECISION AND ORDER
Following the Notice of Hearing in this matter under
the Surface Transportation Assistance Act of 1982, 49 U.S.C.
§31105, et seq., 29 C.F.R. §§1978.106-1978.109;
see also 29 C.F.R. Part 18, and the appointment of Judge Rudolf
L. Jansen under the settlement judge procedures at 29 C.F.R.
§18.9(e)(1), the parties filed a "Motion to Approve
Settlement and Dismiss Proceeding," dated October 18, 1999.
Having fully reviewed the executed "Settlement Agreement and
Release" filed therewith, it is determined that the settlement is
fair, adequate and reasonable. The motion is therefore GRANTED, the
settlement agreement is approved and it is recommended that, upon
payment by respondent to complainant and her attorney of the sums
referred to in the settlement agreement, respondent shall be discharged
from all liability for the subject complaint under the Act and the
complaint shall be DISMISSED with prejudice. See 29 C.F.R.
§1978.111(d)(2); Tankersley v. Triple Crown Services, Inc.,
92-STA-8 (ALJ, October 20, 1992); Thompson v. G & W Transportation
Co., Inc., 90-STA-25 (Secretary, October 24, 1990).
SO ORDERED.
ALFRED LINDEMAN
Administrative Law Judge
San Francisco, California
AL:ms
NOTICE:
This Recommended Decision and Order and the administrative file in this matter will
be forwarded for review by the Administrative Review Board, U.S. Department of Labor, Room S-4309,
200 Constitution Avenue, NW, Washington D.C. 20210. See 29 C.F.R. § 1978.109(a);
61 Fed. Reg. 19978 (1996).