Energy Fuels Coal, Inc. (ALJ decision, August 26, 1992)

Plain-English summary

Energy Fuels Coal asked the ALJ to require the Secretary to answer case-specific discovery requests served during proceedings under Master Docket 91-1. Judge James A. Broderick denied the Secretary’s protective-order motion because the requests were case-specific and were not untimely under the Discovery Plan. He stayed the discovery until further order because an earlier order had stayed case-specific discovery while common issues were being tried. The order does not decide the underlying civil-penalty claims.

Decision snapshot

• Cited standards: None stated in the release.
• Outcome: The protective-order motion was denied, and case-specific discovery was stayed until further order.
• Key point: A discovery request that is case-specific is not untimely under the common-issues Discovery Plan, but a prior stay can still pause it.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ENERGY FUELS
DDATE:
19920826
TTEXT:

Page 2

~1532

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Master Docket No. 91-1
PETITIONER
Docket Nos. WEST 91-475
through WEST 91-476 v.
A.C. Nos. 05-03455-03594D
ENERGY FUELS COAL, INC.,
and 05-03771-03526D
RESPONDENT
Southfield and Raton
Creek No. 1 Mine

ORDER DENYING PROTECTIVE ORDER
ORDER STAYING DISCOVERY

On June 25, 1992, the Secretary filed a motion for a protective order to provide that the Secretary need not answer the written discovery propounded by Respondent Energy Fuels on June 12, 1992. The Secretary contends that the discovery requests are untimely under the Discovery Plan. Energy Fuels filed a response on July 10, 1992.

The discovery requests of Energy Fuels are clearly casespecific. Therefore, they are not untimely under the Discovery Plan. The motion for a protective order is DENIED.

However, my order of August 13, 1992, scheduling a common issues trial stayed case-specific discovery. In accordance with that order, the discovery sought by Energy Fuels in its Requests for Admissions, Interrogatories and Requests for Production of Documents served on the Secretary June 12, 1992, is STAYED until further order.

James A. Broderick
Administrative Law Judge