[DOCID: f:eaj20001.wais] July 12, 2000 FARRELL-COOPER MINING COMPANY EAJ 2000-1 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 Skyline, Suite 1000 5203 Leesburg Pike Falls Church, Virginia 22041 July 12, 2000 FARRELL-COOPER MINING COMPANY, : EQUAL ACCESS TO JUSTICE Applicant : PROCEEDING : v. : Docket No. EAJ 2000-1 : SECRETARY OF LABOR, : Formerly CENT 2000-6-R MINE SAFETY AND HEALTH : CENT 2000-7-R ADMINISTRATION (MSHA), : Respondent : Heavener East Mine 34-01815 ORDER OF DISMISSAL Before: Judge Hodgdon This case is before me on an Application for Attorney's Fees and Expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, and the Commission's implementation of the Act in Commission proceedings, 29 C.F.R. § 2704.100 et seq. The parties, by counsel, have filed a motion to dismiss the application, in accordance with 29 C.F.R. § 2704.305, because they have reached a settlement of the matter. In settling the case, the Secretary has agreed that "Ground Control Plans do not require the approval of MSHA in order to be deemed filed with the Agency as required by 30 C.F.R. § 77.1000-1" and, without admitting that the Applicant is eligible for attorney's fees and expenses under EAJA, agreed "to pay the Applicant $8,500.00 in full settlement of Applicant's claims in this matter ." Having considered the representations and documentation submitted, I conclude that the settlement is appropriate under the EAJA. Accordingly, good cause having been shown, the motion is GRANTED and this case is DISMISSED. T. Todd Hodgdon Administrative Law Judge Distribution: (Certified Mail) Beverlei E. Colston, Esq., U.S. Department of Labor, Office of the Solicitor, 525 S. Griffin Street, Suite 501, Dallas, TX 75202 Thomas C. Means, Esq., Crowell & Moring, LLP, 1001 Pennsylvania Avenue, N.W., Washington, D.C. 20004-2595 nt