United States v. Frimmel Management, LLC

1(cid:21) OCAHO no. 1271e UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER June 6, 2019 UNITED STATES OF AMERICA, Complainant, v. FRIMMEL MANAGEMENT, LLC d/b/a UNCLE SAM’S, Respondent. 8 U.S.C. § 1324a Proceeding OCAHO Case No. 15A00073 ORDER DISMISSING COMPLAINT WITH PREJUDICE This action arises under the employer sanctions provisions of the Immigration and Nationality Act as amended by the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324a. Complainant filed a Motion to Dismiss Complaint on Remand, notifying the Court that it does not intend to continue to prosecute this action. Such a filing would ordinarily call for an immediate dismissal pursuant to 28 C.F.R. § 68.14(a)(2); however, Complainant did not specify whether it seeks a dismissal with or without prejudice, and Respondent opposes the dismissal if it is without prejudice.

A dismissal without prejudice leaves the parties as if no action had been brought at all and Complainant can reinstitute the matter by filing a new complaint. Mangir v. TRW, Inc., 4 OCAHO no. 672, 722, 725-26 (1994). Conversely, a dismissal with prejudice is equivalent to a decision on the merits and it has both res judicata and collateral estoppel consequences. See Huesca v. Rojas Bakery, 4 OCAHO no. 654, 550, 557, 560 (1994).

Such a dismissal bars forever any further proceedings based on the identical facts. United States v. G.L.C. Rest., Inc., 3 OCAHO no. 439, 459, 466 (1992). It appears that the parties intend to dispose of this matter with finality since Complainant seeks a dismissal because it no longer has evidence to prove its case and Respondent seeks a dismissal with prejudice indicating it may file a motion seeking attorney’s fees. Accordingly, on May 14, 2019, the Court issued a Notice of Intent to Dismiss with Prejudice notifying the parties that the Court would dismiss the complaint with prejudice, unless a party opposed the dismissal within ten (10) days of the issuance of the order.

Nothing further having been heard from the parties, the complaint is dismissed with prejudice. 1(cid:21) OCAHO no. 1271e SO ORDERED. Dated June 6, 2019. __________________________________ Thomas P. McCarthy Administrative Law Judge 2