Terry D. Davis v. Canyon Valley Electric Co. (ALJ decision, October 17, 1984)

Plain-English summary

Terry Davis brought a discrimination proceeding against Canyon Valley Electric concerning his employment and discharge. The parties agreed that the company would pay him an amount in return for a full release of claims arising from that employment and discharge. Judge John A. Carlson approved the settlement and ordered payment within 30 days. Each party must bear its own costs, and the proceeding is dismissed with prejudice. The decision does not disclose the payment amount or decide the discrimination claim on its merits.

Decision snapshot

• Cited standard(s): None identified in the decision.
• Outcome: Settlement approved; payment due within 30 days and case dismissed with prejudice.
• Key point: The order approves the parties' agreement without stating the amount paid.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
333 W COLFAX AVENUE, SUITE 400
DENVER, COLORADO 80204
OCT 17 1984

TERRY D. DAVIS,
: DISCRIMINATION PROCEEDING
Complainant
:
: Docket No. WEST 83-97-DM
v. : MSHA Case No. MD 82-14
:
CANYON VALLEY ELECTRIC CO., : Logan Wash
Respondent
:

DECISION APPROVING SETTLEMENT
Before: Judge Carlson
The parties, through counsel, have filed a stipulation and other documents which would settle all matters at issue in this discrimination proceeding.
At the center of the settlement is an agreement by the respondent to pay a sum of money to complainant in return for a full release of all claims arising out of respondent's employment and discharge of complainant.
I conclude that the proposed settlement should be approved in all respects. Accordingly, the settlement is approved. Respondent shall pay the agreed sum within 30 days of the date of this decision, with each party to bear its own costs. This proceeding is dismissed with prejudice.
SO ORDERED.

John A. Carlson
Administrative Law Judge

Distribution:
Richard A. Brown, Esq., 484-1/2 28 1/2 Road, Grand Junction, Colorado 81501 (Certified Mail) Richard T. Casson, Esq., Sharp & Black, 401 Lincoln Avenue, P.O. Box 774608, Steamboat Springs, Colorado 80477 (Certified Mail)

/blc