U.S. Department of
Labor | Office of Administrative Law Judges 50 Fremont
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Date: October 28, 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
FINAL DECISION AND ORDER APPROVING SETTLEMENT
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, 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