Kut-Kwick Corporation (Commission decision, April 10, 1985)

Plain-English summary

Kut-Kwick had an application pending for attorney’s fees and expenses under the Equal Access to Justice Act. The parties settled the entire fee claim without further litigation. The Department of Labor agreed to pay $6,500 without conceding that Kut-Kwick was legally entitled to fees. In exchange, Kut-Kwick withdrew its application and waived all other attorney-fee and expense claims connected with the original citations and the EAJA proceeding. The Commission approved the agreement, granted withdrawal of the application, and vacated the direction for review.

Decision snapshot

• Cited standard(s): None identified in this EAJA release.
• Outcome: EAJA application withdrawn in exchange for a $6,500 payment.
• Key point: The settlement fully resolved the company’s fee claims without an admission that fees were legally owed.

Full text (OSHRC public release)

Docket No. 83-0261

SECRETARY OF LABOR,

Complainant,

v.

KUT-KWICK CORPORATION,

Respondent.

OSHRC DOCKET NO. 83-0261

ORDER

The Commission approves the settlement agreement.  The Commission treats the Respondent's notice of withdrawal as a motion to withdraw its application for fees and expenses, and grants the motion.  The Commission further vacates the Direction for Review in this case.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated:  APR 10 1985

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

KUT-KWIK CORPORATION,

Respondent.

OSHRC DOCKET

NO. 83-0261(EAJA)

JOINT NOTICE OF WITHDRAWAL OF APPLICATION

FOR FEES AND EXPENSES UNDER THE EQUAL

ACCESS TO JUSTICE ACT

Complainant, by his undersigned attorney, and
respondent Kut-Kwik Corporation, by its undersigned attorney, hereby notify the Occupational Safety and Health Review Commission ("Commission") that the above-noted proceeding presently before the Commission on review of the decision of the administrative law judge's decision on the issue of fees and expenses under the Equal Access to Justice Act, 5 U.S.C. 504 ("EAJA"), has been concluded by Stipulation and Settlement with respect to the pending claim in its entirety.  A copy of the Agreement entered into by the parties is attached hereto.

Accordingly, there being no controversy remaining between the parties, Kut-Kwik Corporation withdraws its application under the EAJA and the instant proceedings are terminated.

FOR THE COMPLAINANT

KENNETH A. HELLMAN, ESQ.

FOR THE RESPONDENT

JOHN P. CAMPBELL, ESQ.

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

KUT-KWIK CORPORATION,

Respondent.

OSHRC DOCKET NO. 83-0261 (EAJA)

STIPULATION AND SETTLEMENT AGREEMENT

Complainant, by his undersigned attorneys, and respondent, Kut-Kwik Corporation, by its undersigned attorney, hereby stipulate and agree as follows:

1. The parties wish to settle the
   application of respondent for attorney's fees and expenses under the Equal Access to Justice Act, 5 U.S.C. 504 (EAJA), without the need for further litigation.

2. Without conceding that respondent has any rights whatsoever to attorney's fees
   and expenses under the EAJA in the instant proceeding, complainant agrees in settlement of respondent's application to pay to respondent by check drawn from the United States Department of Labor, the amount of $6,500.00.  The check shall be made payable to Kut-Kwik Corporation, shall be issued to the above-named within ninety days of final execution of this agreement, and shall constitute full and complete settlement of respondent's application.

3. In consideration for the $6,500.00 check for attorney's fees and expenses
   described in paragraph (2) above, respondent hereby agrees to waive all other claims for attorney's fees and expenses incurred in this case both on the merits of the original citations and on its application under the Equal Access to Justice Act.

FOR THE COMPLAINANT

KENNETH A. HELLMAN, ESQ.

FOR THE RESPONDENT

JOHN P. CAMPBELL, ESQ.