United States v. ABC Roofing & Waterproofing

2 OCAHO 391 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER UNITED STATES OF AMERICA, Complainant, v. ABC ROOFING & WATERPROOFING, INC., Respondent. 8 U.S.C. 1324a PROCEEDING ) CASE NO. 89100389 ORDER APPROVING SETTLEMENT AND DISMISSING CASE WHEREAS, the parties in the above-entitled and numbered cause have reached and entered into an Agreement of the Parties and Stipulations in Settlement of all Remaining Issues, Including Discovery, Liability, Costs, and Attorneys' Fees (hereinafter the "Agreement"), thereby disposing of all the remaining issues of law and fact; and WHEREAS, the parties have filed a Joint Motion to Dismiss the above-entitled and numbered cause, including but not limited to remaining discovery requests, counts relating to Manuel Ruiz, Joe Alcala, and Rene Camarillo, and application for costs and attorneys' fees; now, therefore, I FIND there is no need to conduct a hearing to determine the fairness of the Agreement, and the proposed decision and order, and I HEREBY FURTHER FIND that said Agreement and the proposed decision and order based thereon are fair, and that the entry of said decision and order would further the interests of justice. Accordingly, IT IS ORDERED that said Agreement (which is incorporated herein by reference) is hereby approved; that the violations relating to Manuel Ruiz, Joe Alcala, and Rene Camarillo, as charged in the 737737 2 OCAHO 391 Complaint, and Amended Complaint, are hereby DISMISSED; that the Orders setting a discovery schedule and filing schedule for proceeding under the Equal Access to Justice Act, and the subsequent Order, modifying said schedules, are hereby rescinded. These proceedings are now CLOSED.

SO ORDERED DONE at San Francisco, California, this 25th day of November, 1991.

JAMES M. KENNEDY

Administrative Law Judge 738738