Ezel / Agency Decisions / west-93-198-d-alj-2
FMSHRC ALJ decision Docket WEST 93-198-D Decided August 9, 1993 Procedural Judge Michael A. Lasher, Jr.

Lloyd A. Partin v. Amax Coal Company

Lloyd A. Partin v. Amax Coal Company (FMSHRC WEST 93-198-D): Discrimination proceeding dismissed with prejudice after withdrawal

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This order from 1993 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 1993
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 decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. 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

Lloyd A. Partin’s counsel reported that the parties had reached a settlement and requested withdrawal of Partin’s claims. Judge Michael A. Lasher, Jr. approved the voluntary withdrawal under Commission Procedural Rule 11. The discrimination proceeding was dismissed with prejudice.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 2700.11
  • Outcome: The voluntary withdrawal was approved and the proceeding was dismissed with prejudice.
  • Key point: A party may withdraw a pleading at any stage with approval from the Commission or a judge.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5266/FAX (303) 844-5268

                         August 9, 1993

LLOYD A. PARTIN, : DISCRIMINATION PROCEEDING
Complainant :
: Docket No. WEST 93-198-D
v. : DENV CD 92-14
:
AMAX COAL COMPANY, :
Respondent :

                       ORDER OF DISMISSAL

Before: Judge Lasher

 By letter mistakenly dated April 16, 1993 (the date should

be July 16, 1993), counsel for Complainant, in confirming a
telephone conversation held among him, Respondent's counsel, and me
on July 13, 1993, had reiterated that a settlement has been
reached between the parties in this matter. Complainant's attorney
indicates in the subject correspondence that such "constitutes
Mr. Partin's official request that his claims be withdrawn."

 Pursuant to the Commission Procedural Rule 11 (29 C.F.R.

§ 2700.11) a party may withdraw such pleading at any stage of
proceeding with the approval of the Commission or a Judge. Since
it appears the withdrawal is voluntary and based on appropriate
grounds, approval is here GRANTED. Accordingly, this proceeding
is DISMISSED WITH PREJUDICE.

                                   Michael A. Lasher, Jr.
                                   Administrative Law Judge

Distribution: Certified Mail

Mr. Lloyd A. Partin, P.O. Box 3303, Gillette, WY 82717

Stephen H. Kline, Esq., KLINE & JENKINS, Equality State Bank
Building, 19th and Pioneer, Suite 306, P.O. Box 1938, Cheyenne,
WY 82003

Byron L. Myers, Esq., ICE, MILLER, DONADIO & Ryan, One American
Square, Box 82001, Indianapolis, IN 46282-0002 (Certified Mail)

/ek

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