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USDOL/OALJ Reporter
RECOMMENDED ORDER OF DISMISSAL
Fleming v. Conagra Foods, Inc., 2004-CER-1 (ALJ Feb. 4, 2004)
| U.S. Department of Labor | Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 |  |
Issue Date: 04 February 2004
Case No.: 2004-CER-1
In the Matter of
DAVID C. FLEMING,
Complainant
v.
CONAGRA FOODS, INC.,
Respondent
On January 12, 2004, Respondent, ConAgra Foods, Inc. filed a Motion to Dismiss, alleging that Complainant has provided no evidence to legally justify the tolling of the thirty (30) day filing requirement under the Act. On January 26, 2004, Complainant filed a Consent to Motion to Dismiss. Accordingly,
It is ORDERED that this matter be hereby DISMISSED with prejudice and without costs.
So ORDERED.
RICHARD D. MILLS
Administrative Law Judge
NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.7(d) and 24.8.
