Notice2025-07922
Complaint
Primary source
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Published
May 7, 2025
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission is appointing a presiding officer to set a procedural schedule and conduct limited discovery for the purpose of determining disputed issues of fact related to the classification of the Copper Beech apartment complex as a dormitory. This document takes certain administrative steps.
Full Text
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<title>Federal Register, Volume 90 Issue 87 (Wednesday, May 7, 2025)</title>
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[Federal Register Volume 90, Number 87 (Wednesday, May 7, 2025)]
[Notices]
[Pages 19325-19326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07922]
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POSTAL REGULATORY COMMISSION
[Docket No. C2025-7; Order No. 8827]
Complaint
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is appointing a presiding officer to set a
procedural schedule and conduct limited discovery for the purpose of
determining disputed issues of fact related to the classification of
the Copper Beech apartment complex as a dormitory. This document takes
certain administrative steps.
ADDRESSES: Documents 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:
Table of Contents
I. Background
II. Ordering Paragraphs
I. Background
This complaint stems from a dispute between the Postal Service and
Complainants regarding mail delivery at the Copper Beech apartment
complex, which Complainants own. Complainants assert five causes of
action in their Second Amended Complaint. Specifically, Count I alleges
that the Postal Service unduly discriminated against them by treating
Copper Beech differently, for mail delivery purposes, than other
similarly situated buildings. Counts II and IV allege that the Postal
Service violated its own regulations. Count III asserts that the Postal
Service violated 39 U.S.C. 401(2) by establishing regulations that
conflict with their duties under title 39. Count V alleges that the
Postal Service violated 39 U.S.C. 3661(b) by making a nationwide change
in the nature of postal services without first receiving an advisory
opinion from the Commission.
Pursuant to 39 U.S.C. 3662(b), the Commission concludes that
Complainants have raised sufficient issues of material law and fact as
to Count I, portions of Count III, and Count V. The Commission shall
hold Counts II and IV in abeyance pending a decision by the D.C.
Circuit regarding Commission jurisdiction over 39 U.S.C. 401(2) claims.
The Commission shall dismiss the portions of Count III that allege
violations of 39 U.S.C. 403(a) and (b).
The Commission appoints a presiding officer to preside over the
conduct of the proceedings, including but not limited to scheduling,
discovery, potential hearings, and briefing in this matter. The
Commission finds good cause to waive the appointment of an officer of
the Commission designated to represent the interests of the general
public in this proceeding as required by 39 CFR 3022.30(c) because the
violations alleged in the Complaint pertain to a specific subset of the
general public, or otherwise solely to Complainants, who are
represented by counsel.
II. Ordering Paragraphs
It is ordered:
1. The Commission finds that the Amended Complaint of Copper Beech
Townhome Communities Twenty One, LLC and Copper Beech Townhome
Communities Thirty Six, LLC, filed February 5, 2025, raises material
issues of law and fact.
2. The United States Postal Service Motion to Dismiss the February
5, 2025, Amended Complaint, filed February 25, 2025, is denied except
for the portions
[[Page 19326]]
of the Third Cause of Action that allege violations of 39 U.S.C. 403(a)
and (b), which shall be dismissed.
3. Pursuant to 39 CFR 3010.106, the Commission appoints Joseph K.
Press as presiding officer in this proceeding.
4. Counts II and IV--pertaining to whether the Postal Service has
violated its own regulations--shall be held in abeyance pending a
decision by the D.C. Circuit regarding Commission jurisdiction over 39
U.S.C. 401(2) claims.
5. The Secretary shall arrange for publication of this Order, or
abstract thereof, in the Federal Register.
By the Commission.
Jennie L. Jbara,
Primary Certifying Official.
[FR Doc. 2025-07922 Filed 5-6-25; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on May 7, 2025.
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