September 30, 2010

In the Matter of a Mail Dispute Between

PHILLIP AND WENDY DEL ROSA

And

DARREN ROSE, JENNIFER CHRISMAN & JOSEPH BURRELL

P.S. Docket No. MD 10-91

APPEARANCE FOR DISPUTANTS PHILLIP and WENDY DEL ROSA

Lester J. Marston, Esq.

APPEARANCE FOR DISPUTANTS DARREN ROSE, JENNIFER CHRISMAN & JOSEPH BURRELL

Steven J. Bloxham, Esq. 

POSTAL SERVICE DECISION ON MOTION FOR RECONSIDERATION

            On July 2, 2010, an Initial Decision was issued in which it was determined that all mail being held, or hereafter received, addressed to the Alturas Indian Rancheria Tribe and the Desert Rose Casino, P.O. Boxes 340, 910 and 1098, Alturas, CA 96101 should be delivered as directed by Disputant Darren Rose.  On July 9, 2010, Disputants Phillip Del Rosa and Wendy Del Rosa filed an appeal from the Initial Decision.   By Postal Service Decision dated August 4, 2010, the Judicial Officer denied the appeal and the Initial Decision became the final agency decision on August 4, 2010. 

            On August 27, 2010, Disputants Phillip Del Rosa and Wendy Del Rosa filed a Motion for Reconsideration.  In their Motion for Reconsideration, the Del Rosas argue that a decision issued by the Department of Interior, Bureau of Indian Affairs on August 18, 2010, is controlling and that the mail should now be delivered to Disputant Phillip Del Rosa.  Disputants Darren Rose, Jennifer Chrisman and Joseph Burrell oppose the appeal.

            The Motion for Reconsideration does not establish that the Postal Service Decision contains any errors of fact or law or that any other grounds exist to support the motion.  The August 18, 2010 decision, on which the Del Rosas base their Motion for Reconsideration, does not specifically address who is entitled to delivery of the mail or resolve the Tribe’s leadership dispute.  Accordingly, the Postal Service Decision remains the final decision of the Postal Service.  All mail currently being held or hereafter received addressed to the Alturas Indian Rancheria Tribe and the Desert Rose Casino, P.O. Boxes 340, 910 and 1098, Alturas, CA 96101 is to be delivered as directed by Disputant Darren Rose.  The parties are once again reminded that this decision determines only the right to delivery of the mail in dispute not the ownership of the mail.  If either party receives mail intended for the other, that party is responsible for forwarding such mail to the intended recipient.

William A. Campbell
Judicial Officer

September 30, 2010

TO THE POSTMASTER AT:           ALTURAS, CA  96101-9998

RE:      The Mail Dispute Between 

DARREN ROSE, JENNIFER CHRISMAN & JOSEPH BURRELL

and

PHILLIP and WENDY DEL ROSA

P.S. Docket No. MD 10-91

            All mail, currently being held or hereafter received, addressed to the Alturas Indian Rancheria Tribe and the Desert Rose Casino, P.O. Boxes 340, 910 and 1098, Alturas, CA 96101 is to be delivered as directed by Disputant Darren Rose.

William A. Campbell
Judicial Officer