Toler Creek Energy, Inc. (ALJ decision, August 2, 1993)

Plain-English summary

The Secretary of Labor, on behalf of Brian K. Moore, brought a temporary reinstatement proceeding against Toler Creek Energy, Inc. The parties reached an amicable settlement and jointly moved to dismiss the proceeding with prejudice. Judge Roy J. Maurer approved the settlement, granted the motion, and dismissed the proceeding with prejudice. The order does not identify a mine-safety standard or a penalty amount.

Decision snapshot

• Governing provisions: None identified in the release.
• Outcome: The settlement was approved, and the proceeding was dismissed with prejudice.
• Key point: The ALJ approved the parties' settlement and ended the temporary reinstatement proceeding.

Full text (FMSHRC public release)

CCASE:
BRIAN K. MOORE V. TOLER CREEK ENERGY
DDATE:
19930802
TTEXT:

Page 2

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

SECRETARY OF LABOR,
: TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH : PROCEEDING
ADMINISTRATION (MSHA)
:
ON BEHALF OF BRIAN MOORE, : Docket No. KENT 93-650-D Applicant :
and
: PIKE-CD 93-07
:
BRIAN K. MOORE,
: Mine No. 3
Intervenor :
v. :
:
TOLER CREEK ENERGY, INC., :
Respondent :

ORDER OF DISMISSAL

Before: Judge Maurer

All the parties to this proceeding have reached an amicable settlement and counsel have therefore jointly moved to dismiss this proceeding, with prejudice, on the basis of their settlement agreement.

Accordingly, and for good cause shown, the proposed settle- ment is approved, the motion to dismiss is GRANTED and the captioned proceeding is DISMISSED, with prejudice.

Roy J. Maurer
Administrative Law Judge

Distribution:

Gretchen N. Lucken, Esq., Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Suite 400, Arlington, VA 22203 (Certified Mail)

Tony Oppegard, Esq., Mine Safety Project of the Appalachian Research & Defense Fund of Kentucky, Inc., 630 Maxwelton Court, Lexington, VA 40508 (Certified Mail)

Mark M. Lawson, Esq., White, Elliott & Bundy, P. O. Box 8400, Bristol, VA 24203-8400 (Certified Mail)

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