Notice2025-02468
Complaint
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
February 11, 2025
Issuing agencies
Postal Regulatory Commission
Abstract
This document provides the deadline date to file a notice of intervention and discusses aspects of the procedural schedule and case management procedures.
Full Text
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<title>Federal Register, Volume 90 Issue 27 (Tuesday, February 11, 2025)</title>
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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9349-9350]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02468]
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POSTAL REGULATORY COMMISSION
[Docket No. C2024-21; Presiding Officer's Ruling No. 3]
Complaint
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: This document provides the deadline date to file a notice of
intervention and discusses aspects of the procedural schedule and case
management procedures.
ADDRESSES: For additional information, Presiding Officer's Ruling No. 3
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 February 21, 2025.
Discovery. At the prehearing video conference conducted on February
4, 2025, the parties agreed to a discovery process based upon the date
that the Commission issues an Order addressing the Postal Service's
pending motion.\1\ The parties agreed to propound discovery
independently upon each other. Information requests may be transmitted
via email, with the Presiding Officer cc'ed, no later than 10 days
after the date that the Commission issues an Order resolving the
Motion.\2\ Information requests need not be filed on the Commission's
public docket. Responses to information requests are due no later than
21 days after submission to the other party. Responses to information
requests will be transmitted via email, with the Presiding Officer
cc'ed, by the date and time due. Responses to information requests need
not be filed on the Commission's public docket. The Presiding Officer
may also issue information requests. 39 CFR 3010.106(c)(3). The parties
are advised, however, that the burden rests on the parties to request
the evidence that they need to support their case.
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\1\ United States Postal Service Motion for Clarification,
February 3, 2025 (Motion).
\2\ 39 CFR 3010.108 governs the computation of time in this
proceeding.
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Prehearing videoconference. A prehearing videoconference will be
held shortly after the deadline for parties to respond to information
requests. The Presiding Officer will issue a subsequent Presiding
Officer Ruling scheduling the prehearing videoconference with a date
certain as that deadline approaches. The videoconference will discuss
procedures for the presentation of evidence and legal arguments, the
need for any additional information requests, as well as the resolution
of any pending discovery-related disputes. Additional prehearing
conference 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 next prehearing videoconference.
Hearing. The date on which the hearing of evidence shall begin will
be addressed at the next 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 the
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
[[Page 9350]]
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 February 21, 2025.
2. The parties and counsel shall follow the procedural schedule and
case management procedures established by this Presiding Officer's
Ruling.
3. The Secretary shall arrange for the publication of this ruling
(or abstract thereof) in the Federal Register.
Erica A. Barker,
Secretary.
[FR Doc. 2025-02468 Filed 2-10-25; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on February 11, 2025.
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