In the Matter of the Complaint Against

GOVERNMENT LANDS DIGEST
11232 120th, N.E. Box 1080
at Kirkland, WA 98033

P.S. Docket No. 10/111;

Cohen, James A.

APPEARANCE FOR COMPLAINANT:
Thomas A. Ziebarth, Esq.
Consumer Protection Division
Law Department
United States Postal Service
Washington, DC 20260-1100

APPEARANCE FOR RESPONDENT:
James V. Grubb, Esq.
707 Hoge Building
Seattle, WA 98104

POSTAL SERVICE DECISION
ON MOTION TO SET ASIDE DEFAULT

On June 15, 1981, Respondent filed a Motion to Vacate and Set Aside the Order of Default issued on May 6, 1981. Respondent argues that service of the Complaint was not adequate, and in the alternative, that Respondent's rights should not be prejudiced by the "inadvertent or neglectful act of his attorney." Complainant has filed its opposition to Respondent's Motion.

The record establishes that on December 22, 1980, Respondent notified the Postmaster at Kirkland, WA, that further communications concerning its business were to be directed to its attorney. The mailing address of its attorney was included in the letter. The record does not establish that this instruction has ever been modified or revoked. On April 13, 1981, the Complaint and Amended Notice of Answer and Hearing were hand delivered to the designated attorney. Such hand delivery constitutes proper service under 39 CFR § 952.8(a). The failure of Respondent or its designated agent to file a timely Answer, even if through inadvertence or neglect, does not serve as a basis for setting aside the default.

Accordingly, Respondent's Motion to Vacate and Set Aside the Order of Default is denied.