Ezel / Agency Decisions / cent-89-3-dm-alj
FMSHRC ALJ decision Docket CENT 89-3-DM Decided May 18, 1989 Settled Judge Michael A. Lasher, Jr.

Ideal Basic Industry/Cement Company

Ideal Basic Industry/Cement Company (FMSHRC CENT 89-3-DM): Settlement reached and discrimination proceeding dismissed

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This order from 1989 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1989
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

James H. Colquitt brought a discrimination proceeding against Ideal Basic Industry/Cement Company involving the Ada Quarry. The parties' lawyers executed a stipulation of voluntary dismissal and confirmed that they had reached a settlement. Judge Michael A. Lasher, Jr. dismissed the proceeding with prejudice, with each party bearing its own costs. The short order does not state the settlement terms or identify a mine safety standard.

Decision snapshot

  • Cited standards: None stated in this order.
  • Outcome: The discrimination proceeding was dismissed with prejudice after the parties reached a settlement, with each party bearing its own costs.
  • Key point: A voluntary dismissal stipulation confirmed by counsel ended the proceeding with prejudice.

Full text (FMSHRC public release)

CCASE:
JAMES H. COLQUITT V. IDEAL BASIC INDUSTRY/CEMENT
DDATE:
19890518
TTEXT:

Page 2

~903
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

JAMES H. COLQUITT, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. CENT 89-3-DM
v. MD 88-32

IDEAL BASIC INDUSTRY/CEMENT Ada Quarry
COMPANY,
RESPONDENT

                               DECISION

Before: Judge Lasher

 The parties, both represented by counsel, have executed a

Stipulation of Voluntary Dismissal in this matter. Such
stipulation, personally confirmed by Complainant's counsel with
me, indicates that a settlement has been reached in this matter
and that pursuant thereto this matter should be dismissed with
prejudice.

 Accordingly, this proceeding is dismissed with prejudice,

each party to bear his own costs.

                                Michael A. Lasher, Jr.
                                Administrative Law Judge

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