Cavalier Mining Corp

Plain-English summary

Bobby Gene Strouth's discrimination complaint against Cavalier Mining came before the judge while the company was in bankruptcy. The bankruptcy stay prevented the discrimination case from proceeding to judgment. At the complainant's request, and without objection from the respondent, Judge Roy J. Maurer dismissed the case without prejudice. The complainant could refile within 90 days after Cavalier was discharged from bankruptcy.

Decision snapshot

• Cited standard(s): None
• Outcome: The discrimination proceeding was dismissed without prejudice.
• Key point: A bankruptcy stay prevented the case from proceeding, so the complaint was dismissed while preserving a limited right to refile after discharge.

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

BOBBY GENE STROUTH, : DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. VA 91-34-D
:
CAVALIER MINING CORPORATION, : NORT CD 90-16
Respondent :

                      ORDER OF DISMISSAL

Appearances: Edward G. Stout, Esq., Bressler, Curcio & Stout,
P.C., Bristol, Virginia, for Complainant;
No appearance for Respondent at the hearing.

Before: Judge Maurer

 This case came on to be heard on December 15, 1992, in

Abingdon, Virginia. No appearance was made on behalf of
respondent because the respondent is currently involved in
bankruptcy. This bankruptcy, originally filed under Chapter 11
has since been converted to a Chapter 7 bankruptcy proceeding
from which there may or may not ever be any funds left over for
distribution. In the meantime, section 362 of the Bankruptcy
Code (11 U.S.C. § 362) provides for a stay that effectively
prohibits this discrimination action from proceeding to judgment.

 In consideration of these circumstances, the complainant has

filed a motion to withdraw his complaint in this matter, without
prejudice to him refiling it, at his option, within 90 days after
respondent is discharged from its bankruptcy proceeding. The
respondent does not object to the grant of this motion.

 In light of the foregoing circumstances, the complainant's

motion to withdraw his complaint and dismiss this case, without
prejudice, is GRANTED.

 It is hereby ORDERED that this case be DISMISSED without

prejudice to the complainant refiling it with this Commission, at
his option, within 90 days after respondent is discharged from
its bankruptcy proceeding.

                               Roy J. Maurer
                               Administrative Law Judge

Distribution:

Timothy W. Gresham, Esq., Penn, Stuart, Eskridge & Jones,
208 E. Main Street, P. O. Box 2288, Abingdon, VA 24210 (Certified
Mail)

Edward G. Stout, Esq., Bressler, Curcie & Stout, 600 Cumberland
Street, P. O. Box 1478, Bristol, VA 24203 (Certified Mail)

dcp