UNITED STATES OF AMERICA

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

_________________________________

UNITED STATES COAST GUARD

Complainant

vs.

TERRY MONTRAIL GRAY JR.

Respondent

_________________________________

Docket Number: 2023-0281

Enforcement Activity Number: 7746689

ORDER DENYING COAST GUARD’S AUGUST 22, 2023 AND OCTOBER 3, 2023 

MOTIONS FOR APPROVAL, AND GRANTING COAST GUARD’S OCTOBER 6, 2023 

MOTION FOR APPROVAL

This matter comes before me on three motions filed by the United States Coast Guard 

(Coast Guard) on August 22, 2023, October 3, 2023, and October 6, 2023. As set forth below, 

the August 22, 2023 Motion for Approval of Settlement Agreement and Entry of Consent Order 

(Initial Motion for Approval) and October 3, 2023 Motion for Approval of Amended Settlement 

Agreement and Entry of Consent Order (Second Motion for Approval)

1

are DENIED. The 

Coast Guard’s October 6, 2023 Motion for Approval of Amended Settlement Agreement and 

Entry of Consent Order (Third Motion for Approval)

2

is GRANTED. 

On August 22, 2023, the Coast Guard filed its Initial Motion for Approval. After 

reviewing the Initial Motion and the accompanying settlement agreement, I held a pre-hearing 

1 On October 3, 2023, and in addition to its Second Motion for Approval, the Coast Guard filed a Notice of 

Withdrawal of Settlement Agreement (Notice) seeking to withdraw its Initial Motion. As I have denied the Coast 

Guard’s Second Motion for Approval, my decision renders the Notice unnecessary, and I will not address it in this 

order. 

2

 In its October 6, 2023 filing, I note the Coast Guard’s Third Motion for Approval and its corresponding Certificate 

of Service are dated October 3, 2023. To ensure accuracy, I will consider the Third Motion for Approval as filed on 

October 6, 2023, and will refer to this date throughout this order. 
conference to address several ambiguities within the proposed agreement. As discussed during 

the prehearing conference, the ambiguities prevented me from granting the parties’ request. 

Thereafter, and pursuant to my September 27, 2023 Order Memorializing Pre-Hearing 

Conference (Order), the Coast Guard filed its Second Motion for Approval on October 3, 2023, 

purportedly correcting the settlement agreement’s ambiguities. The Coast Guard also filed a 

Notice of Withdrawal (Notice) requesting withdrawal of the Initial Motion for Approval.

3

 The 

Coast Guard, however, inadvertently submitted the incorrect settlement agreement with its 

Second Motion for Approval. To rectify this error, the Coast Guard filed its Third Motion for 

Approval on October 6, 2023. The Coast Guard did not file a notice seeking withdrawal of the 

Second Motion for Approval.

 Upon review of the Third Motion for Approval, I note the amended settlement 

agreement corrects the ambiguities identified in my September 27, 2023 Order and corrects 

errors included in the Second Motion. Having carefully reviewed the request and terms of the 

amended settlement agreement contained in the Third Motion for Approval, I find it is fair, 

reasonable, and in substantial compliance with the requirements of 33 C.F.R. § 20.502.

WHEREFORE,

3 As discussed, supra, I will not discuss the Notice based on my denial of the Coast Guard’s Second Motion for 

Approval. 
ORDER

IT IS HEREBY ORDERED, the Coast Guard’s August 22, 2023 Initial Motion for 

Approval and October 3, 2023 Second Motion for Approval are DENIED.

IT IS FURTHER ORDERED, the Coast Guard’s Third Motion for Approval is 

GRANTED and the Amended Settlement Agreement is APPROVED in full and incorporated 

herein by reference. This Consent Order shall constitute full, final, and complete adjudication of 

this proceeding.

Done and dated this October 27, 2023,

at Baltimore, Maryland

Hon. Lineka N. Quijano 

Administrative Law Judge 

United States Coast Guard