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USDOL/OALJ Reporter
Ass't Sec'y & Feathers v. Steve.
D. Thomspon Trucking, Inc., 89-STA-14 (Sec'y May 17, 1990)
U.S. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D.C.
FINAL ORDER OF DISMISSAL
[Page 2][ENDNOTES]
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: May 17, 1990
CASE NO. 89-STA-00014
ASSISTANT SECRETARY OF-LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
PROSECUTING PARTY,
v.
STEVE D..THOMPSON TRUCKING, INC.,
RESPONDENT.
DARRELL FEATHERS,
COMPLAINANT,
v.
STEVE D. THOMPSON TRUCKING, INC.,
RESPONDENT.1
BEFORE: THE SECRETARY OF LABOR
Before me for review is the [Recommended] Order Granting Motion to Dismiss Without Prejudice issued by Administrative Law Judge (ALJ) Richard E. Huddleston on January 30, 1990, in the captioned case which arises under the employee protection provision of the Surface Transportation Assistance Act of 1982 (the STAA), 49 U.S.C. app. § 2305 (1982).
The record shows that the Prosecuting Party, with the consent of Complainant, moved for dismissal of the case without prejudice on the ground that the Prosecuting Party had undertaken to proceed against Respondent by filing a proof of claim on Complainant's behalf in Respondent's Chapter 7 bankruptcy proceeding for the lost wages and other damages sought in the present action. The ALJ granted the motion to dismiss by order of January 30, 1990. The ALJ's [recommended] order of dismissal apparently was not served on the Trustee in bankruptcy, although the original motion to dismiss was so served.
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On March 28, 1990, I issued an Order to Show Cause to permit the Trustee in bankruptcy of the estate of Respondent Steve D. Thompson Trucking, Inc., as well as the President of Respondent Steve D. Thompson, Trucking, Inc., to show cause within 20 days of receipt of said order why this case should not be dismissed without prejudice.2 I further stated in the March 28, 1990, order that if no cause is shown by these parties, a final order will be issued dismissing this case without prejudice. The time allotted for responding to the show cause order has expired and no response has been submitted.
Wherefore, pursuant to Rule 41(a)(2), Federal Rules of Civil Procedure, I approve and adopt the ALJ's recommended order of dismissal, which I append herewith. Accordingly, this case is DISMISSED without prejudice.
SO ORDERED.
Elizabeth Dole
Secretary of Labor
Washington, D.C.
1The caption has been corrected to conform to the applicable regulations. 29 C.F.R. § 1978.108 (c) and (d) (1989).
2A copy of the ALJ's recommended order of dismissal was appended to my Order to Show Cause of March 28, 1990, and was served on both the Trustee and his counsel.
