SECRETARY OF LABOR, MSHA, on : TEMPORARY REINSTATEMENT PROCEEDING
behalf of CHRISTOPHER WRIGHT, :
Complainant :
: Docket No. CENT 2004-110-DM
: RM MD 2004-07
v. :
:
AMERICOLD LOGISTICS LLC., : Mine 14-00159
Respondent : Inland Quarries
DISMISSAL ORDER
| Before: | Judge Feldman |
The Secretary filed her Application for Temporary Reinstatement on March 29, 2004. The Respondent filed its request for a hearing in this matter on April 7, 2004. During the course of an April 6, 2004, telephone conference, the parties requested that the hearing be continued without date in anticipation of settling this matter. Consequently, this matter was continued without date on April 15, 2004, with the stipulation that the parties inform me, on or before April 20, 2004, whether an agreement had been reached.
On April 20, 2004, the Secretary filed a Motion to Dismiss. In support of her motion the Secretary avers that she is withdrawing her temporary reinstatement application on behalf of Christopher Wright because the parties have settled the underlying discrimination complaint. The respondent, Americold Logistics, LLC, authorized the Secretary to move for dismissal. In view of the parties' agreement, upon performance of the settlement terms, the temporary reinstatement proceeding in Docket No. CENT 2004-110-DM IS DISMISSED with prejudice.
Jerold Feldman
Administrative Law Judge
Distribution: (Certified Mail)
Edward Falkowski Esq., Office of the Solicitor, U.S. Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80201
Karen L. Johnston, Esq., Jackson & Kelly, PLLC, 1099 18th Street, Suite 2150, Denver, CO 80202
/hs