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Wells v. Kramer Farms ,
95-STA-19
(ALJ Jan. 8, 1997)
U.S. Department of Labor
Office of Administrative Law Judges
Federal Building, Suite 4300
501 W. Ocean Boulevard
Long Beach, California 90802
(310) 980-3594
(310) 980-3596
FAX: (310) 980-3597
DECISION AND ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT WITH PREJUDICE
ORDER
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Office of Administrative Law Judges
Federal Building, Suite 4300
501 W. Ocean Boulevard
Long Beach, California 90802
(310) 980-3594
(310) 980-3596
FAX: (310) 980-3597
DATE: JANUARY 8, 1997
CASE NO: 95-STA-19
In the Matter of
CHARLES DEMPSEY WELLS,
Complainant,
v.
KRAMER FARMS,
Respondent.
AND DISMISSING COMPLAINT WITH PREJUDICE
This matter arises under the Surface Transportation Assistance Act of 1982 (the "Act" or "STA"), 49 U.S.C. § 31105 et. seq., and the regulations promulgated thereunder at 29 C.F.R. Part 1978.
This matter was assigned to the undersigned administrative law judge for the purpose of conducting a formal hearing and issuing a decision and order. Pursuant to an Amended Trial Notice dated September 5, 1996, this matter was set for a calendar call on Monday, January 13, 1997, in San Diego, California.
However, prior to said calendar call, on December 27, 1996, this office received the parties' "Stipulation for Settlement and Request for Dismissal". The parties Settlement Agreement appears to have been executed by Complainant and Respondent's counsel. Complainant, Charles Dempsey Wells, and Respondent, Kramer Farms, do stipulate and agree that this matter has been fully and finally settled on its merits by payment of ,500.00 by Respondent to Complainant and agreement between the parties to a General Release. A copy of this agreement is attached hereto and incorporated herein.
The undersigned has reviewed the entire agreement and finds that it is fair, adequate and reasonable for all parties. The undersigned finds that based upon the agreement, the above-styled matter should be dismissed with prejudice.
Based upon the foregoing, and pursuant to 29 C.F.R. § 1978.111(d)(2)(1996), IT IS HEREBY ORDERED that the settlement agreement in the
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above-styled matter is approved. The hearing in this matter, which was previously scheduled for the week of January 13, 1997, in San Diego, California, is HEREBY CANCELLED.
IT IS FURTHER ORDERED that this matter be dismissed with prejudice, pursuant to the parties request.
SO ORDERED this 8th day of January, 1997, at Long Beach, California.
DANIEL L. STEWART
Administrative Law Judge
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