Secretary of Labor (MSHA) v. F & G Sand and Gravel Co., Inc. (ALJ decision, November 25, 1980)

Plain-English summary

F & G Sand and Gravel did not comply with a pretrial order in a civil penalty case. After the judge issued a show-cause order, the company called to say it wanted to comply but needed clarification. The judge's office gave instructions and allowed five days to respond. A month later, the company had neither complied nor requested more time. Judge Joseph B. Kennedy entered default and assessed MSHA's proposed $763 penalty. The order does not identify the underlying safety standard.

Decision snapshot

• Cited standards: None identified in this order.
• Outcome: Default entered and the proposed $763 penalty assessed.
• Key point: The judge imposed the proposed penalty after the operator failed to respond to a clarified pretrial order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. F & G SAND & GRAVEL
DDATE:
19801125
TTEXT:

~3421

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

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. YORK 80-46-M
PETITIONER A.O. No. 19-00306-05003

v. F & G Sand & Gravel Co.

F & G SAND AND GRAVEL CO., INC.,
RESPONDENT

ORDER ASSESSING DEFAULT PENALTY

The operator having failed to comply with the requirements of the pretrial order of August 1, 1980, in the captioned matter, an order to show cause why it should not be declared in default issued on October 16, 1980. On the return date of the order, October 29, 1980, respondent contacted this office telephonically and stated that it was interested in complying but that it was unclear as to the specific requirements of the pretrial order. The operator was given detailed instructions, and was informed that pursuant to Rule 8(b) of the Commission's Rules respondent had five days in which to file its response. A month has elapsed and respondent has failed to comply, and has failed to request a reasonable extension of time in which to comply. Accordingly, it is ORDERED that the operator be, and hereby is, declared in DEFAULT.

It is FURTHER ORDERED that pursuant to Rule 63 of the Commission's rules the proposed penalty of $763 be, and hereby is, ASSESSED as a FINAL ORDER of the Commission. Finally, it is ORDERED that respondent pay the amount finally assessed, $763, on or before Monday, December 15, 1980.

Joseph B. Kennedy
Asministrative Law Judge