Marion L. Adams v. J.L. Owens III, Contracting, also known as Eastern Aggregates, Inc. (ALJ decision, March 28, 1985)

Plain-English summary

Marion L. Adams and J.L. Owens III, Contracting settled a discrimination proceeding involving the Eastern Aggregate Mine. The company agreed to provide Adams a five year annuity paying $500 monthly and a $10,000 payment from which Adams would pay costs and an agreed $7,500 attorney fee. Adams agreed to end his employment, waive reinstatement, and dismiss his complaint; both sides agreed to mutual releases. Judge Paul Merlin approved the settlement, including the attorney fee, superseded prior relief orders, and dismissed the case. The order does not decide the underlying discrimination claim.

Decision snapshot

• Cited standards: None identified in the order.
• Outcome: Settlement approved with annuity, $10,000 payment, and mutual releases; case dismissed.
• Key point: The final order replaced earlier relief orders with the parties' agreed terms.

Full text (FMSHRC public release)

CCASE:
MARION L. ADAMS V. J.L. OWENS III
DDATE:
19850328
TTEXT:
~477
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

MARION L. ADAMS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. YORK 84-15-DM v.
MD 84-23
J.L. OWENS III, CONTRACTING
A/K/A J.L. OWENS III,
Eastern Aggregate Mine
A/K/A EASTERN AGGREGATES,
INC.,
RESPONDENT

FINAL ORDER

Before: Judge Merlin

The parties have reached settlement in the above-captioned matter under the following terms:

Respondent shall provide Complainant with --

1. A five (5) year annuity with a company of Complainant's choice payable to the Complainant or his heirs or assigns at the rate of Five Hundred Dollars ($500.00) monthly certain.

2. A payment of the sum of Ten Thousand Dollars ($10,000.00), out of which sum the Complainant shall pay all of the court costs together with an agreed upon attorney's fee in the amount of Seven Thousand Five Hundred Dollars ($7,500.00).

The Complainant agrees --

1. To terminate his employment with Respondent and waive his right to re-instatement as of April 27, 1984.

2. To dismiss his complaint in these proceedings.

Both Complainant and Respondent agree to execute mutual releases, releasing the other from all torts, claims and monies due to the date of this Agreement; known and unknown.
~478
I conclude the foregoing settlement including the attorneys fee is proper and it is therefore Approved.

The foregoing settlement approval supersedes all prior orders regarding relief.

This case is hereby DISMISSED.

Paul Merlin
Chief Administrative Law Judge