Secretary of Labor obo Cheryl Garcia v. Veris Gold, Inc., and its successors (ALJ decision, July 11, 2016)

Plain-English summary

The Secretary, acting for Cheryl Garcia, withdrew her Mine Act discrimination complaint against Veris Gold USA and its claimed or potential successors after the parties resolved their dispute. Garcia and the Secretary also asked the Judge to vacate a September 2015 default order. The Judge conditionally approved withdrawal with prejudice and conditionally vacated the default, but made both actions dependent on notification that the parties had fully executed their resolution. The case was later dismissed after settlement satisfaction in west-2014-905-dm-alj.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: Withdrawal with prejudice and vacatur of the default order were conditionally approved, subject to confirmation that the settlement was fully executed.
• Key point: This order did not itself end the case; the operative dismissal followed after both sides confirmed settlement completion.

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

July 11, 2016

SECRETARY
OF LABOR, MSHA, on behalf of CHERYL GARCIA,

Complainant,

v.

VERIS
GOLD USA, INC., and its

successors,

Respondent.

DISCRIMINATION
PROCEEDING

Docket
No. WEST 2014-905-DM

WE
MD 14-16

Jerritt
Canyon Mill

Mine
ID 26-01621

AMENDED ORDER CONDITIONALLY
APPROVING WITHDRAWAL MOTION[1]

ORDER CONDITIONALLY VACATING
DEFAULT ORDER

Before:
Judge Simonton

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

Complainant
Cheryl Garcia, through the Secretary, has withdrawn her complaint in this matter, originally filed with the Secretary on May 6, 2014, and filed by the Secretary before the Commission on August 4, 2014, and moves for an Order of Dismissal, with prejudice, of their respective complaints against Veris Gold USA, Inc., and any claimed or potential successor(s), including but not limited to Jerritt Canyon Gold, LLC, Whitebox Asset Management, and Eric Sprott.

Additionally,
Complainant, through the Secretary, moves for an Order to Vacate, with prejudice, the September 21, 2015, Default Order entered against Respondent Veris Gold USA, Inc. and any claimed or potential successor(s), including, but not limited to Jerritt Canyon Gold, LLC, Whitebox Asset Management, and Eric Sprott. In light of the Complainant’s resolution of her dispute with the Respondents and withdrawal of her claim, my previously issued Default Order is now moot. I therefore conditionally grant this motion to vacate the default order.

ORDER

THEREFORE, consistent,
with prior court review, Complainant’s Motion to Withdraw her Section 105(c) Complaint and to Vacate Default Order, with prejudice, is CONDITIONALLY APPROVED. This matter will be immediately dismissed with prejudice

upon
notification from the Secretary and the Complainant of the full execution of the parties’ agreed upon resolution.

/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

Cheryl
Garcia, 450 Castle Crest Dr., Spring Creek, NV 89815

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

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

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]
Order was amended to include conditional vacatur of the September 21, 2015 Default Order.