Mark Pollock v. Kennecott Utah Copper Corp. (Commission decision, October 25, 2005)

Plain-English summary

Mark Pollock's discrimination proceeding was pending after his death. The Commission had directed his formally appointed personal representative to file an amended motion substituting the representative for Pollock. After no motion was filed, the Commission ordered Pollock's counsel to show good cause for the failure and warned that the proceeding would be dismissed without one. Counsel received that order but filed no response, so the Commission dismissed the proceeding.

Decision snapshot

• Cited standards: None stated in this dismissal order
• Outcome: The discrimination proceeding was dismissed after no substitution motion or good-cause response was filed.
• Key point: A pending discrimination proceeding may be dismissed when the required substitution filing is not made and counsel does not show good cause.

Full text (FMSHRC public release)

KENNECOTT UTAH COPPER CORP. -- October 25, 2005

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 New Jersey Avenue, NW,

Suite 9500

Washington, DC 20001

October 25, 2005

MARK POLLOCK

v.

KENNECOTT UTAH COPPER CORP.

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Docket No. WEST 2003-182-DM

BEFORE: Duffy, Chairman; Jordan, Suboleski, and Young, Commissioners

ORDER

BY THE COMMISSION:

On May 19, 2005, the Commission issued an order directing the formally appointed personal representative of Mark Pollock, deceased, to file within 120 days an amended motion to substitute himself in the place of Pollock in this proceeding. On September 22, 2005, having not received a motion to substitute, the Commission issued an order directing counsel for Pollock to show good cause for the failure of a personal representative of Pollock to file the motion and to do so within 30 days of the date of the order. The order stated that, absent a showing of good cause, this proceeding would be dismissed. The order was sent by certified mail and, according to the return receipt, it was delivered to Pollock's counsel on September 26, 2005.

Having received no response to the order, we hereby dismiss this proceeding.

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Michael F. Duffy, Chairman

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Mary Lu Jordan, Commissioner

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Stanley C. Suboleski, Commissioner

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Michael G. Young, Commissioner

Distribution:

Arthur F. Sandack

Attorney at Law

8 East Broadway, Suite 510

Salt Lake City, UT 84111

Laura E. Beverage, Esq.

Karen L. Johnston, Esq.

Jackson Kelly, PLLC

1099 18th Street, Suite 2150

Denver, CO 80202

James M. Elegante, Esq.

Kennecott Utah Copper Corporation

8362 West 10200 South

P.O. Box 6001

Magna, UT 84044-6001

Administrative Law Judge Richard Manning

Federal Mine Safety & Health Review Commission

Office of Administrative Law Judges

1244 Speer Blvd., Suite 280

Denver, CO 80204