Secretary of Labor on behalf of Jennifer Morreale v. Veris Gold USA, Inc., Jerritt Canyon Gold, LLC, Whitebox Management, and Eric Sprott (ALJ decision, June 1, 2016)

Plain-English summary

The Secretary brought a Mine Act discrimination complaint on behalf of Jennifer Morreale against Veris Gold and related respondents. The parties reached a private settlement, and the Judge conditionally approved withdrawal pending confirmation that its terms had been completed. After both the complainant and respondent's counsel confirmed full satisfaction, Judge David P. Simonton dismissed the case with prejudice. This amended order corrected the earlier order's mistaken reference to section 105(c)(3), identifying the case as a section 105(c)(2) complaint.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(2)
• Outcome: The discrimination proceeding was dismissed with prejudice after the private settlement was fully satisfied.
• Key point: The amended order corrected the statutory subsection without changing the settlement-based dismissal.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE
OF ADMINISTRATIVE LAW JUDGES

721 19th
St. Suite 443

Denver,
CO 80202-2500

TELEPHONE:
303-844-5266 / FAX: 303-844-5268

June 1, 2016

SECRETARY
OF LABOR, MSHA,

on
behalf of JENNIFER MORREALE,

Complainant,

v.

VERIS
GOLD USA, INC.,

JERRITT
CANYON GOLD, LLC, WHITEBOX MANAGEMENT, &

ERIC
SPROTT,

Respondents.

DISCRIMINATION
PROCEEDING

Docket
No. WEST 2014-793-DM

MSHA
Case No.: WE MD 14-13

Mine:
Jerritt Canyon Mill

Mine
ID: 26-01621

AMENDED ORDER OF DISMISSAL[1]

Before:
Judge Simonton

This
case is before me upon a discrimination complaint filed pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2), by the Secretary of Labor on behalf of Ms. Jennifer Morreale (Complainant) against Veris Gold USA, Inc. (Respondent).

On
May 20, 2016, this court issued an Order Conditionally Approving Joint Withdrawal Motion stating that this matter would be dismissed with prejudice after confirmation of full satisfaction of the parties’ private settlement agreement. May 20, 2016 Order. On May 23, 2016, Complainant and counsel for the Respondent both represented that the terms of the settlement agreement had been completed and satisfied.

Accordingly,
this matter is DISMISSED with prejudice.

/s/
David P. Simonton

David
P. Simonton

Administrative
Law Judge

Distribution:
(U.S. First Class Mail)

Brad
Mantel, U.S. Department of Labor, Office of the Solicitor, Division of Mine Safety and Health, 201 12th Street South, Suite 401, Arlington, VA 22202

Niamh E.
Doherty, Office of the Solicitor, U.S Department of Labor, 350 S. Figueroa Street, Suite 370, Los Angeles, CA 90071

Jennifer
Morreale, 686 Westcott Drive, Spring Creek, NV 89815

Annette
Jarvis, Dorsey & Whitney LLP, Counsel for Jerritt Canyon Gold, 136 South Main Street, Suite 1000, Salt Lake City, UT 84101

Mark
R. Kaster, Dorsey & Whitney LLP, Counsel for Jerritt Canyon Gold, 50 South Sixth Street, Suite 1500, Minneapolis, MN 55402

Shaun
Heinrichs, Veris Gold, 688 West Hastings Street, Suite 900, Vancouver, BC V6B 1P1, Canada

Cathy
L. Reece, Counsel for Whitebox Management, LLC, 2394 East Camelback Rd., Ste. 600, Phoenix, AZ 85016

Tevia
Jeffries, Dentons Canada LLP, Counsel for Bankruptcy Monitor, 250 Howe Street, 20th Floor, Vancouver, BC V6C 3R8, Canada

[1]
The Order was amended because the first sentence incorrectly stated that this was a 105(c)(3) complaint, when it was in fact a 105(c)(2) complaint.