In the Matter of a                                                    )
Mail Dispute Between:                                           )
                                                                               )
ALAN COHLER                                                       )
                                                                               )
            and                                                             )
                                                                               )
DAVID L. RAY                                                        )  P.S. Docket No. MD-63

Lemert, James E., Administrative Judge

APPEARANCE FOR ALAN COHLER:
Alan Cohler,
21000 Nordhoff Street,
Chatsworth, CA 91311-5910

APPEARANCES FOR DAVID L. RAY:
David L. Ray, Byron Z. Moldo,
10960 Wilshire Boulevard, Suite 1212,
Los Angeles, CA 90024-3772

INITIAL DECISION

This mail dispute was forwarded to this Department for resolution pursuant to § 153.72 of the Domestic Mail Manual (DMM). In dispute is the right to delivery of mail addressed to 21000 Nordhoff Street, Chatsworth, California (CA) 91311-5910, and 20933 Devonshire Boulevard, Suite 101, Chatsworth, CA 91311-2313, both of which are addresses currently or formerly used for the medical practice of disputant Alan Cohler, M.D. Disputant David L. Ray is a receiver appointed by the Superior Court of the State of California for the County of Los Angeles. Both parties have filed submittals pursuant to 39 C.F.R. § 965.5, 965.6, and a telephone conference was held on July 7, 1989, with disputant Cohler and Byron Z. Moldo, representing disputant Ray, during which the respective positions of the parties were discussed.

FINDINGS OF FACT

1. In the case of Boyar v. Alan Cohler, M.D., Inc., Case No. NVC 05912, the Superior Court of the State of California for the County of Los Angeles issued an Order, dated October 21, 1986, appointing disputant David L. Ray receiver in aid of execution. Among other things, the Court Order in paragraph 10 empowered disputant Ray:

”(a) To receive directly from the United States Postal

Department employees and to inspect the mail, other than that mail expressly labeled ‘Personal’, received by Defendant, Alan Cohler, M.D., at the following addresses and post office boxes refraining from viewing such portions of mail as may refer to patients’ ailments:

(1) 20933 Devonshire Boulevard, Suite 101, Chatsworth, California 91311.

(2) 21000 Nordhoff Street, Chatsworth, California 91311.

(b) To instruct the United States Postal Department and its employees, at the Postal Department branches where the above-listed Post Office Boxes are located, to deliver any mail, other than as may be labeled ‘Personal’, addressed to the persons or entities hereinabove set forth, to the Receiver rather than depositing said mail in the Post Office Boxes above set forth. The Receiver shall, subsequent to his review of the contents of said mail, deliver to the Defendants said mail other than those checks, money orders and payments in any form, made payable to any of the parties named hereinabove, to be applied to Plaintiff’s judgment.”

2. The purpose of the appointment of disputant Ray as receiver was to aid in the enforcement and satisfaction of an outstanding judgment in favor of plaintiff Roger Boyar against defendant Alan Cohler, M.D.

3. The Order of the Court has not been vacated, rescinded, modified, or in any way amended so as to restrict the Receiver from receiving the mail directed to disputant Cohler at the referenced addresses, except as provided in the Order.

4. The submittals of disputant Cohler provide no basis to conclude that the Court Order is invalid or not enforceable.

CONCLUSIONS OF LAW

1. When the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail will be delivered in accordance with the court order. DMM § 153.73.

2. By virtue of the Court Order referred to in Finding 1 above, disputant Ray as the duly appointed receiver is entitled, subject to the limitations expressed in the Court Order, to receive mail addressed to disputant Cohler at the two addresses in issue.