In the Matter of a Mail                                             )
Dispute Between:                                                  )
                                                                               )
DAVID GILARDI                                                      )
                                                                               )
            and                                                             )
                                                                               )
EDWARD F. PASQUINA                                         )  P.S. Docket No. MD-57

Lemert, James E., Administrative Judge

APPEARANCE FOR DAVID GILARDI:
David Gilardi, Esq.,
15 Commonwealth Avenue,
Gloucester, MA 01930-3441

APPEARANCE FOR EDWARD F. PASQUINA:
None

INITIAL DECISION

This mail dispute concerns the right to delivery of mail addressed to 33 Main Street, Gloucester, Massachusetts (MA) 01930-5730, and involves two attorneys, one of whom for a period of two years worked in the other’s office. The findings of fact are based on the submittal of disputant Gilardi pursuant to 39 C.F.R. § 965.5 and the documents submitted by field counsel in accordance with § 153.72 of the Domestic Mail Manual (DMM). Although afforded opportunities, disputant Pasquina filed no submittal nor any comments on disputant Gilardi’s submittal (see 39 C.F.R. § 965.6, 965.7). Certified mail return receipts show that disputant Pasquina received the “Notice of Docketing and Submittal Due Date,” a copy of the rules of practice, and a copy of disputant Gilardi’s submittal, the latter on May 18, 1989.

FINDINGS OF FACT

Disputant Edward F. Pasquina has practiced law for a number of years from his office located at 33 Main Street, Gloucester, MA 01930-5730, in a building he leases.

From March 1987 to March 3, 1989, disputant David Gilardi, also a lawyer, worked in the law office of disputant Pasquina. During that time Gilardi carried on his own practice of law and from time to time received from Pasquina legal work, for which he was compensated.

Compensation received by disputant Gilardi was reported as non-employee compensation by disputant Pasquina who deducted no withholding taxes and provided no fringe benefits to Gilardi. There was no employer-employee relationship between the disputants, nor were they partners, and the practice was not incorporated.

Following March 3, 1989, disputant Gilardi moved his practice to 15 Commonwealth Avenue, Gloucester, MA 01930-3441, and filed with the Postmaster a change-of-address forwarding order for himself as an individual. Thereafter, disputant Pasquina requested that the forwarding order be cancelled and that all mail to the address in issue be delivered to him. When the disputants were unable to agree to a resolution, the dispute was transmitted to the Judicial Officer Department.

This mail dispute concerns mail addressed solely to disputant Gilardi at the 33 Main Street address. Because the issue has not been presented, no determination is made concerning mail addressed jointly to Gilardi and the law offices of disputant Pasquina.

CONCLUSIONS

Resolution of mail disputes in proceedings such as this will determine which party has the right to obtain delivery of mail as addressed but is not necessarily dispositive of the question of ownership of the mail.

Disputant Gilardi, an individual and not a former employee of disputant Pasquina, is entitled to receive delivery of mail addressed to him at 33 Main Street, Gloucester, MA 01930-5730, in accordance with his forwarding change-of-address order (DMM § 153.11a, 159.211).