DOL Home > OALJ > Whistleblower > Wagerle v. The University of Pennsylvania School of Medicine, 95-ERA-8 (Sec'y Aug. 4, 1995) |
DATE: August 4, 1995 CASE NO. 95-ERA-0008 IN THE MATTER OF L. CRAIG WAGERLE, COMPLAINANT, v. THE UNIVERSITY OF PENNSYLVANIA, SCHOOL OF MEDICINE and THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, RESPONDENTS. BEFORE: THE SECRETARY OF LABOR ORDER OF DISMISSAL Before me for review is a Recommended Decision and Order Approving Withdrawal of Claim issued by the Administrative Law Judge (ALJ) in this case, which arises under the employee protection provisions of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988 and Supp. IV 1992). During the hearing, the Complainant moved to dismiss this matter without prejudice and stated that the motion was made because he was not satisfactorily able to present his case. Respondent had no objection to Complainant withdrawing his claim without prejudice. Voluntary dismissals of ERA complaints are governed by Rule 41 of the Federal Rules of Civil Procedure. See Nolder v. Kaiser Engineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28, 1985, slip
[PAGE 2] op. at 6-8. The ALJ's Recommendation is accepted and this case is dismissed without prejudice. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.