In the Matter of a Mail Dispute Between

ROBERT C. HERMAN SR.
and
ROBERT C. HERMAN JR.
P.S. Docket No. MD 04-177

APPEARANCE FOR PETITIONER:
David Edward Ambill
540 West Lancaster Boulevard
Lancaster, CA 93534-2573

APPEARANCE FOR RESPONDENT:
Robert C. Herman, Jr.
42426 La Gabriella Drive
Lancaster, CA 93536-4381

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution.  The mail in dispute is that addressed to Herman Brothers Bail Bonds, Aaron’s Bail Bonds, or Able 2 Help Bail Bonds, at 423 West Lancaster Blvd., Lancaster, CA 93534-2539.  The Lancaster Postmaster is currently holding the mail.

            Robert C. Herman, Sr. filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, and several attached documents.  Robert C.  Herman, Jr. filed an unsworn statement and several attached documents. 

DECISION
 

            This is a dispute over who should control and operate a bail bond business.  A lawsuit over the same matter was filed in Superior Court, County of Los Angeles, by Robert Herman, Sr.  The lawsuit was titled Robert C. Herman, Sr., Plaintiff v. Robert C. Herman, Jr., et al., Defendants.  Defendants failed to appear or answer the complaint.  On January 5, 2005, Judge Rosenfield of the Superior Court entered a Judgment in favor of Robert Herman, Sr.

            The Judgment states, in part, that defendants are “permanently enjoined from the following acts:

*  *  *

            b.  Using a change of address order directed to the United States Postal Service, or any other means, to divert mail from the business address of plaintiff at 423 West Lancaster Boulevard, Lancaster, California 93534, or any other address where plaintiff does business.”

            Postal regulations provide that, if either party to a mail dispute obtains a court order directing delivery of the mail, the mail will be delivered according to such an order.  Postal Operations Manual §616.3.  While the Judgment does not specifically direct that the disputed mail be delivered to Robert C. Herman, Sr., it plainly expresses the judge’s conclusion that Robert C. Herman, Sr., not Robert C. Herman, Jr., is entitled to receive the mail.  Accordingly, the Judicial Officer should issue an Order to the Lancaster postmaster that the disputed mail shall be delivered as addressed, or as directed by Robert C. Herman, Sr.

                                                                                    Bruce R. Houston
                                                                                    Chief Administrative Law Judge