Ezel / Agency Decisions / WEST 93-198-D

Lloyd A. Partin v. Amax Coal Company (ALJ decision, August 9, 1993)

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

Decision type
ALJ decision
Docket
WEST 93-198-D
Decided
August 9, 1993
Presiding judge
Michael A. Lasher, Jr.
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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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