In the Matter of a Mail Dispute Between

JOEY A. BRETT, M.D.
and
SHAHID M. KHAN, M.D.
P.S. Docket No.  MD 05-154

APPEARANCE FOR DISPUTANT JOEY A. BRETT, M.D.:
A. Lysa Simon, Esq.
17134 Devonshire Street, Suite 202
Northridge, CA  91325-1601

APPEARANCE FOR DISPUTANT SHAHID M. KAHN, M.D.:
Robert B. Katz, Esq.
21550 Oxnard Street, Suite 300
Woodland Hills, CA  91367-7109

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 Granada Hills Primary Care, Inc., and/or including the surnames Khan and/or Brett, at 17075 Devonshire Street, Suite 303, Northridge, CA 91325-5412.  The Northridge Postmaster is currently holding the mail.

             Both parties filed sworn written statements, as required by the Rules of Practice, 39 C.F.R. §965.5, accompanied by other supporting documents, and Dr. Brett filed rebuttal, as permitted by 39 C.F.R. §965.6.  The following findings of fact are based on all the material submitted by the parties, including that forwarded by the United States Postal Service Law Department, Pacific Area Office.

FINDINGS OF FACT

            1.  Granada Hills Primary Care, Inc. was incorporated in California by Dr. Brett in May 2001.  He has been the President of the corporation since that time.  Dr. Brett is a medical doctor, licensed in California.  The place of business of the corporation has always been 17075 Devonshire Street, Suite 303, Northridge, California.  (Brett Declaration and attachments).

            2.  Dr. Khan, also a medical doctor licensed in California, was employed by the corporation in May 2001.  His two sisters, not medical doctors, were also hired to do clerical work for the corporation.  (Brett Declaration; Khan Declaration).

            3.  On August 4, 2005, Dr. Khan and each of his sisters submitted PS Forms 3575, Mail Forwarding Change of Address Orders, to the Northridge Post Office, directing that mail addressed to each of them at 17075 Devonshire Street, Suite 303 be forwarded to 17075 Devonshire Street, Suite 209.  This precipitated the mail dispute, resulting in all the mail described above being held.  (Forms attached to Law Department forwarding letter, and also to Brett Declaration).

            4.  On August 10, 2005, Dr. Brett gave letters to each of the Khans, informing them that their employment with Granada Hills Primary Care was terminated.  (Brett Declaration; Khan Declaration; letters attached to Law Department supplement, August 19, 2005).

            5.  Shortly after August 10, 2005, Dr. Khan and his sisters opened an office of their own in Suite 104 at 17075 Devonshire Street.  Dr. Brett continues to operate his medical practice as Granada Hills Primary Care in Suite 303 at 17075 Devonshire Street.  (Brett Declaration).

            6.  Postal Operations Manual (POM) Section 614.1 provides as follows:  

“All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) or to an individual by name or title (an official, employee, contractor, client, agent, etc.) at the address of the organization is delivered to the organization.  This regulation also applies to mail addressed in this manner to former officials, employees, contractors, agents, clients, or others associated with the organization.  If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official.”[1]

DECISION

            There is no dispute here that Dr. Khan was an employee, not an officer, of Granada Hills Primary Care, Inc.  His only argument for claiming a right to the disputed mail is that he and one of his sisters invested some money in the corporation and are entitled to see the mail to protect their financial interest.  Dr. Brett disputes this, but even if it is true it is not enough to give Dr. Khan a right to receive the mail.

            This case is governed by the rule quoted in Finding #6 above.  As president of the corporation, and as the person currently operating the business, Dr. Brett is entitled to the mail.

            This decision deals only with delivery of the mail.  It does not determine ownership of the contents of the mail and does not attempt to resolve any underlying disputes between the parties.  If Dr. Brett receives mail that is intended personally for Dr. Khan or his sisters, it is his responsibility to forward that mail.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3. 

            The Judicial Officer should issue an Order to the Northridge Postmaster that the disputed mail be delivered as directed by Dr. Joey A. Brett.

                                                                        Bruce R. Houston
                                                                        Chief Administrative Law Judge

[1] Similar language appears at Domestic Mail Manual (DMM300), January 6, 2005, §508.1.5.1.