Ezel / Agency Decisions / west-2014-793-dm-alj-3

Secretary of Labor on behalf of Jennifer Morreale v. Veris Gold USA, Inc., Jerritt Canyon Gold, LLC, Whitebox Management, and Eric Sprott (ALJ decision, May 25, 2016)

Secretary of Labor on behalf of Jennifer Morreale v. Veris Gold USA, Inc., et al. (FMSHRC WEST 2014-793-DM): Satisfied settlement ended discrimination case

Decision type
ALJ decision
Docket
WEST 2014-793-DM
Decided
May 25, 2016
Presiding judge
David P. Simonton
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-02
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2016 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 2016
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ order, later amended
This dismissal was superseded by the June 1, 2016 amended order in west-2014-793-dm-alj, which corrected the statutory subsection. The amended administrative law judge decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1). It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary brought a Mine Act discrimination complaint on behalf of Jennifer Morreale against Veris Gold and related respondents. Judge David P. Simonton had conditionally approved the parties' joint withdrawal request, with dismissal to follow after the private settlement was fully performed. Morreale and counsel for the respondent then confirmed that the settlement terms had been completed and satisfied. The judge dismissed the case with prejudice. A June 1, 2016 amended order later corrected the statutory subsection cited for the complaint.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The discrimination proceeding was dismissed with prejudice after full performance of the private settlement.
  • Key point: The dismissal followed confirmation from both sides that every settlement obligation had been satisfied.

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

May 25, 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

ORDER OF DISMISSAL

Before:
Judge Simonton

This
case is before me upon a discrimination complaint filed pursuant to section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c) by 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

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