Jones v. DeWitt Nursing Home

1 OCAHO 266 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER Jesse C. Jones, Complainant v. De Witt Nursing Home, Respondent; 8 U.S.C. § 1324b Proceeding; Case No. 88200202. ORDER DISMISSING APPLICATION FOR AWARD OF ATTORNEY'S FEES (November 14, 1990) Following issuance of the Final Decision and Order in this case on June 29, 1990, Complainant made timely application for award of attorneys' fees. Pending briefing by the parties on that application, pursuant to a schedule last extended by my order issued August 6, 1990, the parties have advised from time to time of progress toward settlement of all issues including the appeals in the United States Court of Appeals for the Second Circuit (Nos. 90"4104, 90"4120) from the June 29 Decision and Order. I am in receipt of the Stipulation Withdrawing Petition For Review And Cross-Applications For Enforcement executed by petitioner on that appeal on October 25, 1990, respondent Jones on October 31, 1990, and respondent Office of Special Counsel, Department of Justice on October 30, 1990.

That stipulation fully disposes of all appeals taken from my decision and order, and reaches agreement also on the question of attorneys' fees. Accordingly, this Order dismisses, with prejudice, the only remaining portion of this case before me, i.e., Complainant's application for award of attorneys' fees.

SO ORDERED.

Dated this 14th day of November, 1990.

MARVIN H. MORSE

Administrative Law Judge 1709