Ezel / Agency Decisions / cent-92-228-cm-alj
FMSHRC ALJ decision Docket CENT 92-228-CM Decided October 28, 1992 Procedural Judge Jerold Feldman

Cullor Rock Quarry

Cullor Rock Quarry (FMSHRC CENT 92-228-CM): Compensation complaint dismissed by default

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This order from 1992 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 1992
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 ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. 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

Bill Burris filed a compensation complaint against Cullor Rock Quarry. After he did not respond to repeated requests to confirm that he wished to proceed, Judge Jerold Feldman ordered him to show cause why the complaint should not be dismissed. Burris did not respond. The judge entered default judgment for the respondent and dismissed the compensation complaint with prejudice. The scheduled hearing was canceled.

Decision snapshot

  • Cited standards: None identified in the official released text.
  • Outcome: Default judgment was entered for Cullor Rock Quarry, and the compensation complaint was dismissed with prejudice.
  • Key point: Failing to respond to the judge's requests and show-cause order resulted in dismissal by default.

Full text (FMSHRC public release)

CCASE:
BILL BURRIS V. CULLOR ROCK QUARRY
DDATE:
19921028
TTEXT:

Page 2

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BILL BURRIS, : COMPENSATION PROCEEDING
Complainant :
v. : Docket No. CENT 92-228-CM
:
CULLOR ROCK QUARRY, : Mine No. 23-01924
Respondent :

                    ORDER Of DEFAULT
                    ORDER OF DISMISSAL

Before: Judge Feldman

 A hearing in the captioned matter was scheduled for

November 5, 1992, in Joplin, Missouri. During the course of a
September 17, 1992, telephone conversation with Mr. Tim Ragland,
a co-complainant in this matter who has withdrawn his complaint
for compensation, I was advised that Mr. Burris may no longer be
interested in pursuing his complaint. Mr. Ragland also informed
me that Mr. Burris did not have a telephone. In a letter dated
October 1, 1992, I requested Mr. Burris to contact my office
within ten days to inform me whether he still wished to proceed.
I indicated that his failure to timely respond would be construed
as an indication that he was no longer interested in prosecuting
his compensation case.

  Having failed to reply to my October 1, 1992, request, on

October 13, 1992, I ordered Mr. Burris to show cause (explain
why) in writing on or before October 19, 1992, why a default
decision should not be issued dismissing with prejudice his
complaint for compensation. The order was delivered via express
mail.

 Despite my repeated requests, the Mr. Burris has failed to

convey that he is interested in prosecuting his complaint.
ACCORDINGLY, judgement by default is hereby entered in favor of
the respondent and the compensation complaint filed by Mr. Burris
is DISMISSED with prejudice. Consequently, the hearing in this
matter is canceled.
Jerold Feldman
Administrative Law Judge
(703) 756-5233

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Distribution:

Mr. Bill Burris, 1002 E. Berry Nevada, MO 64772
(Certified Mail)

Mr. Bill Burris, 2123 W. Austin, Nevada, Missouri 64772
(Certified Mail) (Old Address)

Cullor, Incorporated, 20th and Sidney, Ft. Scott, Kansas 66701
(Certified Mail)

/vmy

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