In the Matter of a Mail Dispute Between

AGRI-MED SOLUTIONS, LLC
and
AGRI-MED, LLC

P.S. Docket No. MD 10-7

APPEARANCE FOR DISPUTANT
AGRI-MED SOLUTIONS, LLC:
Douglas L. Martin
Agri-Med Solutions, LLC

APPEARANCE FOR DISPUTANT
AGRI-MED, LLC:
Leah Askey
Agri-Med, LLC

INITIAL DECISION

            Mail Dispute MD 10-7 has been docketed pursuant to Postal Operations Manual (POM) § 616.21 under the procedures established at 39 CFR Part 965. As docketed, the disputants are Agri-Med, LLC and Agri-Med Solutions, LLC. However, to avoid confusion and to be more precise, the parties hereafter primarily will be referenced by their principals – Leah Askey (for Agri-Med, LLC), and Douglas Martin (for Agri-Med Solutions, LLC). The disputants claim the right to receive mail addressed to Total-Agri or Agri-Med South at 856 Highway 47 E, Troy, Missouri 63379-6340. The Troy Postmaster has been directed to hold the mail so addressed.[1]

FINDINGS OF FACT

            1. Prior to August 28, 2009, Agri-Med, LLC was solely owned and managed by Leah Askey (Field Counsel Referral, Attachment (Asset Purchase Agreement)). On that date, Agri-Med, LLC was purchased by Agri-Med Solutions, LLC, owned by Douglas Martin (Asset Purchase Agreement; Statement by L. Askey (Askey Statement) at ¶ 1).

            2. The Asset Purchase Agreement transferred to Mr. Martin all rights and interest in and to the company names of Agri-Med, LLC, Agri-Med and any similar or related name, except for a veterinary clinic permitted to continue to use the name Agri-Med Veterinary Clinic (Asset Purchase Agreement, § 1.1(d); see also Askey Statement at ¶¶ 2-3). The contract also required the former Agri-Med, LLC (Ms. Askey’s company) to change its articles of incorporation to reflect a new name which is “non-similar to ‘Agri-Med’.” (Asset Purchase Agreement, § 4.2(e)).

            3. The veterinary clinic has filed taxes under the name Total-Agri, LLC, but there is no evidence in the record that it otherwise conducts business with the public or with correspondents under that name (Askey Statement at ¶ 4).

            4. Also on August 28, 2009, Agri-Med Solutions, LLC leased the property at issue (856 Highway 47 E, Troy, Missouri 63379-6340) from Ms. Askey (Askey Statement at ¶ 5, 7, and attachment C thereto). The veterinary clinic operates at the same address (Askey Statement at ¶ 2).

            5. Disputes thereafter arose between the parties, resulting in unspecified litigation between them (Askey Statement at ¶¶ 8-12).

            6. Chris Askey filed change of address orders requesting that mail addressed to Total-Agri or Agri-Med South at 856 Highway 47 E, Troy, Michigan 63379 be forwarded to the personal residence of Chris and Leah Askey (Askey Statement at ¶ 13; Field Counsel Referral, attachments).

            7. Leah Askey, on behalf of the disputant here denominated as Agri-Med, LLC submitted a statement, along with supporting documentation. Although the statement purports to be sworn, it is not. Mr. Martin has not submitted anything during this proceeding.

DECISION

            The procedures for resolution of mail disputes require the submission of sworn statements and documents by the disputants supporting their respective positions. See 39 CFR § 965.5. Neither party has followed those rules. Mr. Martin failed to submit anything while Ms. Askey did not submit sworn materials (Finding 7). The record is poorly developed.

            The POM provides that if disagreement arises about where mail addressed to a business organization should be delivered, it must be delivered according to the order of the organization’s president or equivalent official. See POM § 614.1; Sherry Rostami and Erick Carcamo, P.S. Docket No. MD 09-139 (I.D. July 9, 2009). Here, the only disagreement properly before me concerns mail addressed to Total-Agri or Agri-Med South at 856 Highway 47 E, Troy, Missouri 63379-6340, for which Mr. Askey (presumably on behalf of Ms. Askey) filed change of address orders that were opposed by Mr. Martin (Finding 6). The record does not reflect change of address requests having been filed for mail addressed to Agri-Med Solutions, LLC, Agri-Med, LLC, Agri-Med, agri-med.com, centralstatesvaccie.com, PetVetdeals.com, or agmahs.com (Finding 6). I therefore determine that mail for those addresees is not at issue, and such mail should be delivered as addressed. Further, so far as the record reflects, those business names are used at the address at issue by Mr. Martin as permitted by the Asset Purchase Agreement and the related lease (Findings 1-2, 4).

            It is not disputed that the veterinary clinic, also operated at the address in question, is controlled by Leah and Chris Askey (Findings 3-4). However, the sole evidence in this scant record of the name under which that veterinary clinic lawfully operates at the address in question, only indicates use of the name Agri-Med Veterinary Clinic (the only name expressly permitted by the Purchase Asset Agreement to be used by Ms. Askey). The names Total-Agri or Agri-Med South have not been shown to be used by Ms. Askey as active business names, and mail addressed to either contested name as claimed by Leah Askey would in any event violate the plain language of the terms of the Asset Purchase Agreement (Finding 2).

            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 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.

            This initial decision therefore recommends that the Judicial Officer issue an order directing that the Troy Postmaster release all previously held mail and deliver future mail addressed to Agri-Med, Agri-Med, LLC, Agri-Med South, Total-Agri, Agri-Med Solutions, LLC, agri-med.com, centralstatesvaccie.com, PetVetdeals.com, or agmahs.com at 856 Highway 47 E, Troy, Missouri 63379-6340 as addressed.

Gary E. Shapiro
Administrative Judge

[1] Although the postmaster also was directed to hold such mail addressed to 864 Highway 47 E, Troy, Michigan 63379, that address does not appear to have been in issue at any point. Without elaboration, Ms. Askey’s statement also asks for release to her of all mail addressed to Leah or Chris Askey, or the L.A.W. Firm at the address in question. No such mail has been held, and mail so addressed is not in dispute before me.