DOL Home > OALJ > Whistleblower > Buenaflor v. Houston Light & Power Co., 95-ERA-44 (Sec'y Feb. 21, 1996) |
U.S. DEPARTMENT OF LABOR SECRETARY OF LABOR WASHINGTON. D.C. DATE: FEB 21 1996 CASE NO. 95-ERA-00044 IN THE MATTER OF ATTHEW T. BUENAFLOR, COMPLAINANT, v . HOUSTON LIGHT & POWER COMPANY, RESPONDENT. BEFORE: THE SECRETARY OF LABOR ORDER OF DISMISSAL Before me for review is a Recommended Decision and Order Dismissing The Complaint With Prejudice 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 Supp. IV 1992). Prior to the scheduled hearing but subsequent to Respondent's filing a Motion for Summary Judgment, Complainant moved to withdraw his complaint. Respondent then filed a Motion to Dismiss With Prejudice in accordance with Rule 41(a)(2) of the Federal Rules of Civil Procedure and the ALJ agreed that dismissal under Rule 41(a)(2) was appropriate. 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 op. at 6-8. Pursuant to Rule 41(a)(2) the ALJ's Recommended Order of Dismissal is accepted and this case is DISMISSED WITH PREJUDICE. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.