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Secretary of Labor obo Cheryl Garcia v. Veris Gold, Inc., and its successors (ALJ decision, July 1, 2016)

Secretary of Labor obo Cheryl Garcia v. Veris Gold, Inc., et al. (FMSHRC WEST 2014-905 DM): Withdrawal conditioned on settlement completion

Decision type
ALJ decision
Docket
WEST 2014-905 DM
Decided
July 1, 2016
Presiding judge
David P. Simonton
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-01
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.
Superseded interlocutory ALJ order, not Commission precedent
This July 1 order conditionally approved withdrawal while the discrimination case remained open pending settlement completion. It was followed by the amended conditional order in west-2014-905-dm-alj-2 and the final dismissal in west-2014-905-dm-alj. It did not dispose of the case or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). 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, acting for Cheryl Garcia, withdrew her Mine Act discrimination complaint against Veris Gold USA and its claimed or potential successors. Garcia sought dismissal with prejudice after the parties reached an agreed resolution. The Judge conditionally approved the joint motion but stated that dismissal would occur only after the Secretary and Garcia notified the court that the resolution had been fully executed. This order therefore left the case open and did not itself dismiss the complaint.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: Withdrawal was conditionally approved, with dismissal postponed until confirmation that the agreed resolution was fully executed.
  • Key point: The order made settlement completion a prerequisite to dismissal with prejudice.

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 1, 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

ORDER CONDITIONALLY APPROVING
WITHDRAWAL MOTION

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.

Consistent
with prior court review, the joint motion is CONDITIONALLY APPROVED. This matter will be immediately dismissed with prejudice upon notification from the Secretary and the Complainant of 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

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