Notice2023-24380
Service Standard Changes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 6, 2023
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission is providing notice that a hearing and certain procedural events have been scheduled in this proceeding. This notice informs the public of the procedural schedule.
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76264-76265]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24380]
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POSTAL REGULATORY COMMISSION
[Docket No. C2023-6; Presiding Officer's Ruling No. 2]
Service Standard Changes
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is providing notice that a hearing and certain
procedural events have been scheduled in this proceeding. This notice
informs the public of the procedural schedule.
DATES: Notices of intervention are due: November 13, 2023; Prehearing
Videoconference: December 4, 2023, at 1:00 p.m., Eastern Daylight Time,
Virtual.
ADDRESSES: Submit notices of intervention electronically via the
Commission's Filing Online system at <a href="https://www.prc.gov">https://www.prc.gov</a>. Persons
interested in intervening who cannot submit their views electronically
should contact the person identified in the FOR FURTHER INFORMATION
CONTACT David A. Trissell, General Counsel, at 202-789-6820. For
additional information, Presiding Officer's Ruling No. 2 can be
accessed electronically through the Commission's website at <a href="https://www.prc.gov">https://www.prc.gov</a>.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
I. Procedural Schedule
II. Additional Case Management Procedures
III. Ruling
I. Procedural Schedule
Intervention. The deadline to file a notice of intervention
pursuant to 39 CFR 3010.142 is November 13, 2023.
Discovery. Pursuant to Order No. 6688, the Presiding Officer shall
conduct limited discovery for the purpose of determining disputed
issues of fact in this case.\1\
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\1\ Order Partially Denying United States Postal Service's
Motion to Dismiss and Notice of Limited Formal Proceedings,
September 18, 2023, at 8 (Order No. 6688).
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At the prehearing videoconference conducted on October 30, 2023,
the parties agreed that the discovery process should go forward
notwithstanding Complainant's two motions pending before the
Commission.\2\ After further discussion at the videoconference,
Complainant indicated that he would file a notice on the Commission's
docket withdrawing his motion for summary judgment without prejudice to
refiling once the discovery process has been completed. Should the
Commission grant the motion for reconsideration or otherwise expand the
scope of the issues, the Presiding Officer will take appropriate
action.
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\2\ See Motion to Reconsider Order No. 6688, October 20, 2023;
Motion for Oral Argument and Summary Judgment, October 30, 2023.
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The parties may request that the Presiding Officer obtain specific
discovery, but may not independently propound discovery on each other.
Order No. 6688 at 8. The parties shall email their initial information
requests, encompassing both of the disputed issues of fact, to the
Presiding Officer (and cc'ing the other party) no later than Monday,
November 6, 2023, at 4:30 p.m.\3\ The parties should attach their
requests to the email in Microsoft Word format. These proposed
information requests need not be filed on the Commission's public
docket. Failure to submit an initial information request by the
deadline without good cause may result in waiver of the party's right
to request discovery in this case.
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\3\ All times in this Ruling are Eastern Time.
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The Presiding Officer will serve information requests by filing
them on the Commission's public docket. Answers to information
requests, as well as any objections or claims of privilege, are due by
the date and time specified in each information request. Although the
Presiding Officer will initially review the proposed information
requests and reserves the right to revise or reject any proposed
questions on grounds such as relevance, the Presiding Officer's
issuance of an information request should not be construed as
considering or rejecting any objections or claims of privilege that
could conceivably be raised. Procedures for raising good faith
objections or claims of privilege, if any, will be set out in the
Presiding Officer's information request.
Responses to information requests may be transmitted via email,
with the Presiding Officer cc'ed, by the date and time due. Unless
otherwise indicated, responses to discovery requests need not be filed
on the Commission's public docket.
Further information requests submitted by the parties will be
considered by the Presiding Officer only after the parties have
submitted their responses to the initial information requests. Pursuant
to 39 CFR 3010.170, the Presiding Officer may issue information
requests on his own initiative, either independently or along with
requests submitted by the parties. The parties are advised, however,
that issuance of additional information requests will be considered on
a case-by-case basis and is not guaranteed, particularly if the party
could have requested the information sought in its initial information
request.
Prehearing videoconference. A prehearing videoconference is
scheduled to be conducted before the Presiding Officer on December 4,
2023, at 1:00 p.m. Among other things, this videoconference will
discuss procedures for the presentation of
[[Page 76265]]
evidence and legal arguments, the need for any additional information
requests, as well as the resolution of any pending discovery-related
disputes. Additional prehearing conferences may be scheduled as needed.
Presentation of evidence. The issue of whether the hearing will
involve the presentation of oral versus written testimony (including
whether it may be appropriate to supplement written testimony with oral
testimony for certain witnesses on particular issues in dispute) will
be addressed more fully at the December 4, 2023, prehearing
videoconference.
Hearing. The date on which the hearing of evidence shall begin will
be addressed at the December 4, 2023, prehearing teleconference.
II. Additional Case Management Procedures
Good faith effort to confer. A good faith effort to confer with the
opposing party requires at least the placing of one telephone call or
the transmittal of one email message to the opposing party or its
counsel.
Discovery motions. The parties must make a good faith effort to
confer with the opposing party to attempt to resolve any discovery
dispute before filing any motions related to discovery. The Presiding
Officer will not entertain a motion to compel discovery, motion for
sanctions, motion for protective order, or any other discovery motions
until this good faith effort has been made. If this good faith effort
is unsuccessful, the motion shall (1) state that a good faith effort
has been made to resolve the dispute, (2) attach each disputed
discovery request, answer, and objection (if applicable), (3) provide
available dates and times for a hearing to be conducted by
videoconference, and (4) concisely state the relief sought, the basis
therefor, and the authority relied upon. Any party opposing the motion
shall file a response no later than 7 days after the motion is filed.
See 39 CFR 3010.160(b). No replies shall be permitted without express
authorization of the Presiding Officer. See 39 CFR 3010.160(c). Failure
to file a timely response may result in the motion being deemed
unopposed. The Presiding Officer may decide the dispute based on the
motion and any response, set a hearing to be conducted by
videoconference, or order further briefing.
Extension of time or continuance. If either party seeks an
extension of time or continuance, they must make a good faith effort to
confer with the opposing party to determine a proposed mutually
agreeable date before filing a motion. The motion must be filed before
the specific deadline expires and shall state whether the other party
opposes the motion. Extensions of time or continuances will only be
granted for good cause shown.
Waiver or modification. If either party seeks to waive or modify
the terms of any Presiding Officer's Ruling, the party must make a good
faith effort to confer with the opposing party to determine a proposed
mutually agreeable resolution before filing a motion. The Presiding
Officer may waive or modify the terms of his order for good cause
shown.
Oral argument. If either party requests to present oral argument
before the Presiding Officer relating to any motion or brief, the party
shall include ``ORAL ARGUMENT REQUESTED'' in the caption or title on
page 1 of the applicable motion, response, or brief.
III. Ruling
1. The deadline to file a notice of intervention pursuant to 39 CFR
3010.142 is November 13, 2023.
2. A prehearing videoconference will be conducted before the
Presiding Officer on December 4, 2023, at 1:00 p.m.
3. The parties and counsel shall follow the procedural schedule and
case management procedures established by this Presiding Officer's
Ruling.
4. The Secretary shall arrange for publication of the deadline to
file a notice of intervention and the date of the prehearing
videoconference in the Federal Register.
Erica A. Barker,
Secretary.
[FR Doc. 2023-24380 Filed 11-3-23; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on November 6, 2023.
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