FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, D.C. 20004-1710
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) :
:
v. : Docket No. CENT 2021-0090
: A.C. No. 41-00009-527340
CACTUS CANYON QUARRIES, INC. :
BEFORE: Traynor, Chair; Althen and Rajkovich, Commissioners
ORDER
BY THE COMMISSION:
This proceeding arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act” or “Act”). On August 30, 2021, Cactus Canyon Quarries, Inc. (“Cactus Canyon”) filed with the Commission a petition for interlocutory review of an order issued by an Administrative Law Judge on August 13, 2021, denying Cactus Canyon’s motion to certify for interlocutory review previous orders by the Judge. See 29 C.F.R. § 2700.76. In the earlier orders, the Judge denied requests by Cactus Canyon to compel discovery and a motion for summary judgment. See PIR at 1.
Upon consideration of the pleadings filed by Cactus Canyon, we have determined that the Judge’s denial of Cactus Canyon’s motions to compel discovery and motion for summary judgment do not involve a controlling question of law and that immediate review of those rulings would not materially advance the final disposition of this proceeding. See 29 C.F.R. § 2700.76(a)(2). Accordingly, we conclude that Cactus Canyon has failed to establish a basis for granting interlocutory review and, therefore, we deny the petition.
/s/ Arthur R. Traynor, III
Arthur R. Traynor, III, Chair
/s/ William I. Althen
William I. Althen, Commissioner
/s/ Marco M. Rajkovich, Jr.
Marco M. Rajkovich, Jr., Commissioner
Distribution:
Andy Carson
Cactus Canyon Quarry Inc.
7232 Co. Road 120
Marble Falls, TX 78654
Tina D. Davila
U.S. Department of Labor
Office of the Solicitor
525 Griffin Street, Suite 501
Dallas, TX 75202
Archith Ramkumar, Esq.
Office of the Solicitor
U.S. Department of Labor
201 12th Street South, Suite 401
Arlington, VA 22202
April Nelson, Esq.
Office of the Solicitor
U.S. Department of Labor
Mine Safety and Health Division
201 12th Street South, Suite 401
Arlington, VA 22202-5452
Melanie Garris
U.S. Department of Labor
Office of Civil Penalty Compliance
Mine Safety and Health Administration
201 12th Street South, Suite 401
Arlington, VA 22202-5452
Chief Administrative Law Judge Glynn F. Voisin
Federal Mine Safety & Health Review Commission
1331 Pennsylvania Avenue, NW, Suite 520N
Washington, DC 20004-1710
Administrative Law Judge David Simonton
Federal Mine Safety Health Review Commission
721 19th Street, Suite 443
Denver, CO 80202-2500