REB Enterprises, Incorporated

Plain-English summary

Judge Avram Weisberger granted the Secretary’s motion for default after the respondents failed to respond to the prehearing order and, for two respondents, failed to answer the penalty petitions. The judge affirmed the citations and associated penalties. REB Enterprises was ordered to pay $7,550, Richard E. Berry $1,600, and Harold Miller $1,200 within 30 days.

Decision snapshot

• Cited standards: None stated in this order.
• Outcome: The default motion was granted, the citations and associated penalties were affirmed, and payment was ordered.
• Key point: Failure to respond to required pleadings can result in a default order affirming citations and penalties.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

             OFFICE OF ADMINISTRATIVE LAW JUDGES
                     2 SKYLINE, 10th FLOOR
                      5203 LEESBURG PIKE
                 FALLS CHURCH, VIRGINIA 22041

                        March 9, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 95-29-M
Petitioner : A.C. No. 03-01640-05511
v. :
: Docket No. CENT 95-30-M
REB ENTERPRISES, INCORPORATED, : A.C. No. 03-01640-05512
Respondent :
: REB Enterprises Inc.
:
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 95-239-M
Petitioner : A.C. No. 03-01640-05517 A
v. :
: REB Enterprises, Inc.
HAROLD MILLER, :
Employed by REB ENTERPRISES, :
INC., :
Respondent :
:
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 95-240-M
Petitioner : A.C. No. 03-01640-05518 A
v. :
: REB Enterprises Inc.
RICHARD E. BERRY, :
Employed by REB ENTERPRISES, :
INC., :
Respondent :

                       ORDER OF DEFAULT

Before: Judge Weisberger

 On January 12, 1996, Petitioner filed a Motion for Default

asserting that Respondents have not filed any response to the
prehearing order issued on January 23, 1995. Petitioner further

asserts that Respondents Miller and Berry have not filed an
answer to the Petitions for Assessment of Penalty filed in
Docket Nos. CENT 95-239-M, and 95-240-M. A Certificate of
Service appended to the Motion contains a certification by
Petitioner’s Counsel that on January 12, 1996, she mailed a copy

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of “the foregoing pleading ... upon all parties, representatives
... .” To date, none of the Respondents filed a response to
Petitioner’s motion. Accordingly, and based on the assertions
set forth in the motion, it is granted.

 It is ORDERED that the citations issued in these cases, and

the associated penalties sought are affirmed. It is further
ORDERED that within 30 days, Respondents shall pay a civil
penalty as follows: REB Enterprise-$7,550; Richard E. Berry-
$1,600; and Harold Miller-$1,200.

                            Avram Weisberger
                            Administrative Law Judge

Distribution:

Robin S. Horning, Esq., Office of the Solicitor, U.S. Department
of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202
(Certified Mail)

Mr. Harold Miller, 452 Perry Road, Springdale, AR 72764
(Certified Mail)

Richard E. Berry, Owner, REB Enterprises, Inc., Limestone Rock
Products, P.O. Box 1639, 740 Highway 264 East, Springdale,
AR 72765-1639 (Certified Mail)

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