USCA Case # Document # Filed: 09/09/2014 Page 1 of 1

Transcription

1 USCA Case # Document # Filed: 09/09/2014 Page 1 of 1 U.S. Department of Labor Office of the Solicitor Washington, D.C September 9, 2014 Mark J. Langer, Clerk U.S. Court of Appeals for the District of Columbia Circuit U.S. Courthouse Room 5423 Third & John Marshall Pl., NW Washington, D.C Re: Association of American Railroads et al. v. OSHA, No Dear Mr. Langer: Enclosed for filing is a Joint Status Report and Motion to Hold Case in Continued Abeyance submitted on behalf of all parties in the above captioned matter. Please contact me if you would like any additional information. Sincerely, /s/_richard Ewell Richard Ewell U.S. Department of Labor SOL/OSH Division 200 Constitution Ave., NW Suite S4004 Washington, D.C Attachment

2 USCA Case # Document # Filed: 09/09/2014 Page 1 of 3 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT : : ASSOCIATION OF AMERICAN : RAILROADS et al., : : Petitioners, : No : v. : : OCCUPATIONAL SAFETY & HEALTH : ADMINISTRATION AND SECRETARY : OF LABOR, : : Respondents. : JOINT STATUS REPORT AND MOTION TO HOLD CASE IN CONTINUED ABEYANCE Petitioners Association of American Railroads et al. ( AAR ), together with Respondents Secretary of Labor and the Occupational Health and Safety Administration ( OSHA ), have been in settlement negotiations for several years to resolve the issues in the above-captioned matter. On September 16, 2011, the Court ordered that the matter be held in abeyance pending further order of the Court. The Court also directed all parties to file status reports at 90-day intervals. The parties have done so, stating that settlement negotiations were ongoing. On September 2, 2014, AAR and OSHA entered into the Settlement Agreement set forth in the attached document. The Settlement Agreement sets forth conditions that, if satisfied, will resolve the issues raised in Case No However, because the Settlement Agreement contemplates further

3 USCA Case # Document # Filed: 09/09/2014 Page 2 of 3 rulemaking by OSHA, and the parties anticipate that the rulemaking process will take time to complete, AAR and OSHA request that the Court continue to hold the above-captioned matter in abeyance while the parties work towards a final resolution of this litigation as set forth in the Settlement Agreement.. Respectfully submitted, /s/ Jill Hyman Kaplan Jill Hyman Kaplan Lynn R. Rauch MANKO, GOLD, KATCHER & FOX LLP 401 City Avenue, Suite 901 Bala Cynwyd, PA (484) Counsel for Petitioners Association of American Railroads et al. /s/ Richard Ewell Richard Ewell Lauren Goodman U.S. Department of Labor SOL/OSH Division 200 Constitution Ave., NW Suite S4004 Washington, D.C Counsel for Respondents Dated: September 9,

4 USCA Case # Document # Filed: 09/09/2014 Page 3 of 3 CERTIFICATE OF SERVICE Richard Ewell hereby certifies that on the date set forth below he caused the foregoing Joint Status Report, which is signed by all parties, to be electronically filed with the Court using the CM/ECF system, and that it has been served electronically on all parties in this matter via the court s Notice of Docket Activity generated by the Court s CM/ECF system. /s/ Richard Ewell Richard Ewell U.S. Department of Labor SOL/OSH Division 200 Constitution Ave., NW Suite S4004 Washington, D.C Counsel for Respondents Dated: September 9,

5 USCA Case # Document # Filed: 09/09/2014 Page 1 of 9

6 USCA Case # Document # Filed: 09/09/2014 Page 2 of 9

7 USCA Case # Document # Filed: 09/09/2014 Page 3 of 9

8 USCA Case # Document # Filed: 09/09/2014 Page 4 of 9

9 USCA Case # Document # Filed: 09/09/2014 Page 5 of 9

10 USCA Case # Document # Filed: 09/09/2014 Page 6 of 9

11 USCA Case # Document # Filed: 09/09/2014 Page 7 of 9

12 USCA Case # Document # Filed: 09/09/2014 Page 8 of 9

13 USCA Case # Document # Filed: 09/09/2014 Page 9 of 9