Solis v. Freedom Energy Mining Company et al
Filing
50
MEMORANDUM OPINION & ORDER: The defendants' only other argument for dismissal is that plaintiff failed to adequately plead her claim for relief. Plaintiff has filed a more detailed amended complaint, R. 47 , and so the issue is now moot. Accordingly, it is ORDERED that the motion to dismiss, R. 35 , is DENIED. Signed by Judge Amul R. Thapar on 12/22/2010. (Attachments: # 1 Appendix A, # 2 Appendix B)(RCC)cc: COR
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Solis v. Freedom Energy Mining Company et al
Doc. 50 Att. 1
AP P EN DIX A 30 U.S.C. § 818(a)(2): The Secretary may institute a civil action for relief, including permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the coal or other mine is located or in which the operator of such mine has his principal office whenever the Secretary believes that the operator of a coal or other mine is engaged in a pattern of violation of the mandatory health or safety standards of this chapter, which in the judgment of the Secretary constitutes a continuing hazard to the health or safety of min ers.
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