[DOCID: f:eaj20011.wais] PORTABLE ROCK PRODUCTION CO. December 21, 2000 EAJ 2001-1 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 December 21, 2000 PORTABLE ROCK PRODUCTION CO., : EQUAL ACCESS TO JUSTICE Applicant : PROCEEDING : v. : DOCKET NO. EAJ 2001-1 : SECRETARY OF LABOR, : Formerly WEST 99-309-M MINE SAFETY AND HEALTH : A. C. No. 35-02761-05521 ADMINISTRATION (MSHA), : Respondent : Sears Road Pit DECISION APPROVING SETTLEMENT Before: Judge Melick This case is before me upon an application for fees and expenses under the Equal Access to Justice Act, 5 U.S.C. § 504. The parties have filed a motion to approve a settlement agreement and to dismiss the case upon Respondent's payment of $13,000.00. WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay the amount of $13,000.00, within 30 days of this order. These proceedings are accordingly dismissed in accordance with the joint request of the parties. Gary Melick Administrative Law Judge Distribution: William W. Kates, Esq., Office of the Solicitor, U.S. Dept. of Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101-3212 E. Jay Perry, Esq., Employers Defense Counsel, P.O. Box 7126, Eugene, OR 97401 \mca