Chaney Creek Coal Corporation (ALJ decision, August 20, 1990)

Plain-English summary

These consolidated discrimination proceedings returned to the ALJ after a Commission remand. Odell Maggard sought $56,957.55 in additional attorney fees and expenses for appellate work and $4,246.84 in recalculated interest. Judge Gary Melick granted the unopposed petitions, but stated that the order was not final because discovery remained on whether Maggard would seek to join John Chaney under an alter ego theory. Respondents did not appear at the remand hearing and were deemed to have waived their hearing rights and objections.

Decision snapshot

• Governing provisions: None stated in the release
• Outcome: Additional fees, expenses, and recalculated interest were granted, while the remand proceedings remained open.
• Key point: The ALJ granted the unopposed fee petitions but expressly left the order non-final pending discovery and a possible joinder motion.

Full text (FMSHRC public release)

CCASE:
ODELL MAGGARD V. CHANEY CREEK COAL
DDATE:
19900820
TTEXT:

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

ODELL MAGGARD, DISCRIMINATION PROCEEDING COMPLAINANT Docket No. KENT 86-1-D v. MSHA Case No. BARB CD 85-48

CHANEY CREEK COAL CORPORATION,
RESPONDENT
DISCRIMINATION PROCEEDING
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH Docket No. KENT 86-51-D ADMINSITRATION, (MSHA), MSHA Case No. BARB DC 85-48 COMPLAINANT Dollar Branch Mine v.

DOLLAR BRANCH COAL CORPORATION
AND
CHANEY CREEK COAL CORPORATION,
RESPONDENTS

DECISION AND ORDER

Appearances: Tony Oppegard, Esq., Appalachian Research & Defense Fund of Kentucky, Hazard, Kentucky for Complainant Maggard; Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for the Secretary of Labor; No Appearance on behalf of Respondents.

Before: Judge Melick

These cases are before me following the Commission remand order dated March 27, 1990, and as supplemented on June 5, 1990. Hearings on remand were held on August 9, 1990, at which no representative of Respondents appeared. Accordingly they are deemed to have waived their rights to a hearing on the remand issues and to their right to objections thereat.

Complainant Maggard seeks additional attorney fees and expenses totalling $56,957.55 for work performed during appellate proceedings and recalculated interest of $4,246.84. The unopposed petitions are legally and factually supported and are accordingly granted.

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This is not a final decision and will not become final until completion of discovery and determination by Complainant Maggard of whether or not he will file a motion to join Mr. John Chaney in these proceedings under an alter ego theory of liability. Discovery on this issue must be completed on or before October 12, 1990, and any motion to join John Chaney as an individual must be filed within 10 days thereafter.

Gary Melick
Administrative Law Judge