Coeur d'Alene Mines Corporation (ALJ decision, June 8, 1987)

Plain-English summary

The discrimination proceeding was brought by Henry C. Stairs, who died without a surviving spouse. The known next of kin did not appoint a personal representative or indicate interest in doing so after receiving notice that the case would be dismissed if no representative appeared. Judge August F. Cetti dismissed the case with prejudice for good cause.

Decision snapshot

• Cited provisions: None stated in this order.
• Outcome: The discrimination proceeding was dismissed with prejudice.
• Key point: A pending discrimination case may be dismissed when the complainant dies and no personal representative comes forward after notice.

Full text (FMSHRC public release)

CCASE:
HENRY STAIRS V. COEUR ALENE
DDATE:
19870608
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

HENRY C. STAIRS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 86-198-DM v.
MD 86-34
COEUR d'ALENE MINES
CORPORATION,
RESPONDENT

ORDER DISMISSING WITH PREJUDICE

Complainant Henry C. Stairs died July 10, 1986, leaving no surviving spouse. Although the known next of kin have been contacted, no one has been appointed to serve as Personal Representative of the Complainant's estate or indicated any interest in such an appointment.

Finally, on May 12, 1987, a Notice that the case would be dismissed with prejudice unless a Personal Representative was appointed and made an appearance in this matter within 20 days was sent by certified mail to all known next of kin. There has been no response to the Notice of intention. Under the circumstances Coeur d'Alene Mines Corporation is entitled to an order dismissing the case with prejudice.

ORDER

Good cause having been shown it is ORDERED that the above captioned case be and it hereby is dismissed with prejudice.

August F. Cetti
Administrative Law Judge