FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

Office of Administrative Law Judges

721 19th Street, Suite 443

Denver, CO 80202-2536

303-844-3577/ FAX 303-844-5268

July 22, 2014

NORTH COUNTY SAND & GRAVEL,   INC.,                    Applicant                         v. SECRETARY OF LABOR   MINE SAFETY AND HEALTH      ADMINISTRATION (MSHA),

EQUAL ACCESS TO JUSTICE   PROCEEDING Docket No. EAJ 2014-0001-J Formerly WEST 2010-365-M Mine ID 04-05632 Mine: Roadrunner 32

                Respondent

FINAL DECISION

ORDER OF DISMISSAL

This case is before me upon an application for the award of fees and expenses under the Equal Access to Justice Act (“EAJA”) 5 U.S.C. § 504 and the Commission’s regulations at 29 C.F.R § 2704. North County Sand & Gravel, Inc., filed the application against the Department of Labor’s Mine Safety and Health Administration based upon my decision in North County Sand & Gravel, Inc., 35 FMSHRC 3217 (Sep. 2013) (ALJ).

In an Interim Decision dated May 13, 2014, I determined that North County was entitled to an EAJA award under 29 C.F.R § 2704.105(a). 36 FMSHRC 1214 (May 2014). My Interim Decision is incorporated herein by reference. I ordered the parties to attempt to reach an agreement as to the proper amount payable under EAJA in this case.

On June 30, 2014, the parties filed a Joint Stipulation on Reimbursement. Applicant agreed to “accept an EAJA award of $40,923 for attorney’s fees and litigation-related expenses associated with EAJ 2014-0001-J, formerly WEST 2010-365-M.” (Joint Stipulation). The parties also agreed that payment would be made by the Secretary directly to Applicant’s counsel and that counsel would move for dismissal of its fee application pursuant to 29 C.F.R.

§ 2704.305 once the fee had been paid.

On July 18, 2014, counsel for Applicant notified this court that the Secretary paid the agreed-upon fees and expenses in this case. On that basis, Applicant moved that this proceeding be dismissed. The Secretary does not oppose the motion. This settlement furthers the objectives of EAJA. For good cause shown, the motion is GRANTED and this proceeding is DISMISSED.

/s/ Richard W. Manning

                                                                        Richard W. Manning

                                                                        Administrative Law Judge

Distribution:

Timothy J. Turner, Esq., Office of the Solicitor, U.S. Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5708

C. Gregory Ruffennach, Esq., 1629 K Street, N.W. Suite 300, Washington DC 20006-1631

RWM