Alexander Burke v. Alarm.com, Inc.

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER 18 OCAHO no. 1509 ALEXANDER BURKE, Complainant, v. ALARM.COM, INC., Respondent. 8 U.S.C. § 1324b Proceeding OCAHO Case No. 2023B00055 Appearances: Ryan Kenny, Esq., for Complainant Sean McCrory, Esq., and Monica Rodriguez, Esq., for Respondent ORDER OF DISMISSAL This case arises under the employment discrimination provisions of the Immigration and Nationality Act, as amended, 8 U.S.C. § 1324b. On April 4, 2023, Complainant, Alexander Burke, filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO). Complainant alleged that Respondent, Alarm.com, Inc., refused to hire him based on his citizenship status and that it asked for more or different documents than required for employment eligibility verification process.

Compl. 8. Respondent filed an answer on May 11, 2023. On July 31, 2023, upon the parties’ request and after discussion at a prehearing conference, this Court referred the case to the Office of the Chief Administrative Officer Settlement Officer program for a period of sixty days.1 On October 2, 2023, the Court extended the settlement period for an additional thirty days.

On October 27, 2023, the parties filed a Joint Stipulation of Dismissal with Prejudice. The motion cites 28 C.F.R. § 68.14, which outlines how to request dismissal of an action once the parties have reached a full settlement, and indicates that the parties have agreed to dismissal of this action. Joint Mot. Dismiss 1.

The parties request that “the Court . . . enter an Order dismissing with prejudice any and all claims asserted by Complainant against Respondent . . . in this action.” Id. 1 See OCAHO Practice Manual Ch. 4.7, available at https://www.justice.gov/eoir/reference- materials/ocaho/chapter-4/7; OCAHO Settlement Officer Program, OOD PM 20-16 (Aug. 3, 2020). Pursuant to 28 C.F.R. § 68.14(a)(2), upon receiving notification by the parties of a full settlement and agreement to dismiss the action, the Administrative Law Judge has discretion to approve the dismissal with or without the filing of the settlement agreement. Under the circumstances, the Court finds a review of the settlement agreement unnecessary.

Accordingly, the parties’ motion is GRANTED and the complaint is DISMISSED WITH 18 OCAHO no. 1509 PREJUDICE.

SO ORDERED.

Dated and entered on November 7, 2023. __________________________ Honorable John A. Henderson Administrative Law Judge 2