Solis v. American Industries, Inc.

Filing 28

Consent Judgment and Order. See attached Order. The Clerk is directed to close this case as the parties have consented to the entry of this Order as a full and complete resolution of all claims Signed by Judge Vanessa L. Bryant on 5/13/2013.(Fernandez, Melissa)

IJNTTED SI'ATES DISTRICI' COURT

DISTRICT O}' CONNECTICUT
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FILE NO. 3r12-cv-1001 (VLB)

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AMERICAN INDUSTRIBS, INCORPORATED

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Defenclant,

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CONSENT ruDGMENT AND ORDER

1.

Plaintift Acting Secretary of Labor, United

States Department of Labor, pirsuant

to lús autliority under the Mine Safety and Health Act of 1977, as amended, 30 U,S.C.
$ 801 et seq.

("Mine Act") and the under the Federal Debt Collection Procedure Act, 28 U.S.C,

$ 3001, et seq,, has filecl a Complaint against Defendaut American Industries, Incorporated and

its Successors. The Defenclant md the Acting Secretary have agreed to resolve all matters in
controversy in this ac[ion, and said parties do now consent to entry of a Judgment and Order by

this Court in accordance herewith.

2.

The Acting Secretary's Complaint alleges that Defendant failed to pay civil

penalties properly issued'by the Mine Safety and Health Administration ("MSFIA") undcr the

Mine

Act, The civil

penalties became Final Orders

of the Fede¡al Mine Safety and Health

Review Commission ('the Commission") within the meaning of $ 105(a) of the Mine Act and

accrued interest ancl other charges under

Debt Collection Act,

3,

3l

$ 110(j) of the Mine Act, 30 U.S,C. $ 820Û) and tlie

U,S,C, $ 3717.

The Defe¡rclarrt hereby admits to the juriscliction of this Court over it and ovel the

subject matter of this action. Defendant admits tlmt th¡s Courl has Ûre authority to enforce this

Order and that this Court is the most appropriate venue for my enforcenrent action which may
be required as a result of this Order,

4.

The Defendant expressly waives any ancl all claims whatsoever that it has or may

have against the Acting Secretary, or any of his officers, agents, em¡rloyees, or representalives,

arisirrg out of or in connectíon with the filing, prosecution, and maintenance of this civil action
or any other proceeding and investigation incident thereto,

5.

The Acting Secretary ancl the Defendant expressly waive any Findings of Fact

and Conclusions of Law, except as otherwise set forth and addressed herein, and consent to the

entry of this Order as a full and complete resolution of all clairns wlúch were, or might have
been made, arising out of the facts alleged

in this action, without trial or acljudication of

any

issue of fact or law raised in the Complaint.

6.

Defcndant has agreed to comply with the Mine Act iu all respects and with its

applicable regulations inthe future, including the Mine Act's civil penalty payment obligations,
and further agrees to be

7.

boud to comply with thç iujunctive relief set forth

below,

The parties have reviewed this Consent Juclgment and agree to its entry

as

evidenced by the signatures below ofcounsel for the parties.

It

is therefore ORDERED ADJUDGED

a,

AND DECREED that:

The Court has jurisdiction over the patties to this Order and the subject malter

this action ancl is empowered to provide the relief herein,

2

of

b.

The Defbnctant shall pay $34,061.83, the total amount of civil nìoney penalties

plus statutory in(erest, to the Mine Safety and lJealth Aclnrinistration, Payment shall nracle no
latel than tcn (10) days alter enh'y of this Consent Juclgrnent nnd sh¿rll be fbrwalded to the Oftìce

of thc Iìcgional Solicitor, JFK Federal Building, Room E-375, Boston, Massachusetts 02203.
The sum of $34,061,83 r'epresents all penalties assessed and uncontested which becarne Final
O¡dels of the Fecleral Mine Safety and Health Review Commission between October 29, 2007
and May 17,2012, plus Mine Act intercst.

c.

T'lre Defendant, its agents, servants, em¡rloyees,

all persons in active concert or

parricipation with them and its Successors, be ancl hereby are permanenlly enjoined fi'o¡n
violating, failing or refusing to.comply with any Final Orders issued unclcr the Mìne Act or
l'ailing or reñlsing to comply regarding nratters otherwise decmed Final Orders by fàiling to pay
past due civil penalties tbr violations undm the Mine Act and its standarcls, which became Final
Orders after May 17,2012 are not subject to any appeals process,

d.

The Defenclant, its agents, servants, ertrployees, all persons in aotive concert or

participation lvith theni and its Successors, be and hereby are permanently enjoined from
violating, failing or refltsing to comply with any F'i¡ral Orders issued under the Mine Act by
failing to pay future civil penalties properly assessed ancl acljudicated, or otlrerwise deemed Final
Orclers for Mine

e.

Act violations, which Final Orders are not subject to any appeals process.

Americarr Inclustries, Incorporated and

its

Successors are enjoined

to post and

provide a cash petformance bond in the amount of $30,000.00 payable to the order or benefrt of
the tlnited States Department of Labor, Mine Safety aricl Flealth Aclministration, to guarantee
cornpliance with 30 LI.S.C $ 820(c). Saicl bond must be postecl within seven (7) days of the date

of the Court's approval of the instant Consent Judgrnent. On the same date as said boncl is

3

posted, Arnerican Inclusffies, Incorporated and its Successors shall provide rvlitten notice

of

the

posting of such bond to the Office of the Regional Solicitql' in Boston, Massachusetts at the JF'K
Fecleral Building, Room E-375, Boston, Massachusetls 02203. This wlitten notice shall inclucle

â copy of the bonding documents, the name and address of the entity issuing the bond, the
effective date ofthe bond and the period ofcoverage

f,

The proceeds from such boud shall be immediately payable upon clemand to the

Mine Safety and Health Aúninistration upon failure of American Industlies, Incorporated and its
Successors,

of

or

any entity of which

it is an o¡:erator

or agent, to pay civil money penalties,

interest, adnrinistrative expensos to the extent owed, as required by any final order or decision
issuecl by tlre Federal

Mine Safety and Health Review Cornmission or any of its administrative

law judges or by any court having juriscliction to issue orders or decisions under tlie Mine Act, or

which fural order is created by operation of l¿rw under the Mine Act, which Final C)rder or
decision is not subjeot to any appeals process. This bond

g.

will remain posted for five (5)

years,

This Judgrnent does not affect or bind any governmental agency other than the

United States Department of Labor.

i,

Each parly shall bear its own costs and expmses, ineluding attomeys' fees, arising

in connection with any stage of the above-lefelenced proceeding including but not limíted to,
attorney's fees.

j.

Nothing contained ìn this Consent Judgment shall prevent the Plaintiff fron

pursuing other remedies

to collect oivil money penalties, interest,

aclministrative expenses

against the Defendant, not included among the claims resolvçd in this matler, for which a final

4

order or decision has been issued, or which in the fllïure may be issuecl, by tho Fe<leral Mine
Safety and Health Review Commissïon ("Comnrission") or any of its aúninistrative law judges

or by any court having jurisdiction to issue orders or decisions under the Mine Act, or for any

final order crealed by operation of law urde¡ thç Mine Act.

It is flirther ORDERED that any failuc to comply with this Consent Judgment rnay

be

punishable as contempt of court.
Issued this

_13

day

of

May

,2013 et 5:47pm at Hartford, Connecticut.
_

/s/
United States District Judge

Hon. Vanessa L. Bryant
For Defendant, American Industlies, Inc,,
and its Successors,

Miohael D. Felsen

Block

Regional Solicitor

& Pascal, LLC
Main Street
Norwich, Con¡ecticut 06557
Federal No. Ct. 06557D

ames L,
Attorney

DATE:

Jr

U. S. Department of Labor
Attorneys f'or the Secretary

D^rE,

5

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