P.S. Docket No. MD 14-133


May 9, 2014 

In the Matter of a Mail Dispute Between
JOHNNIE ROBINSON
and
ANTHONY MEDRANO                              

P.S. Docket No.  MD 14-133

APPEARANCE FOR DISPUTANT JOHNNIE ROBINSON:
Harvey Monte

APPEARANCE FOR DISPUTANT ANTHONY MEDRANO:
Maribeth M. Klein, Esq.
Polsinelli, P.C.


INITIAL DECISION

Disputants Johnnie Robinson, Harvey Monte, Tyler Wilkinson, and Donis Hector, compose a common party (Robinson Party) seeking to receive mail addressed to the Laveen Summer Ball League, Inc. d/b/a Laveen Youth Ball Association (LYBA), P.O. Box 874, Laveen, AZ 85339-0764.  Anthony Medrano, Paul Hooker, and Jeremy Weaver compose a second party (Medrano Party) also seeking to receive this mail.  Both groups claim the right to direct the LYBA’s activities which includes directing delivery of the mail.

The resulting Mail Dispute, docketed pursuant to Postal Operations Manual (Dec. 13, 2012) (POM) § 616.21 under the procedures established at 39 C.F.R. Part 965 (2013), was referred for resolution to the Judicial Officer for the United States Postal Service and subsequently assigned to the undersigned Administrative Judge for an Initial Decision. 

Only the Medrano Party filed submittals as required by 39 C.F.R. § 965.5 (2013).[1]  The Laveen Postmaster has been directed to hold the disputed mail.  By this Initial Decision, I recommend that the Judicial Officer issue an order directing the Laveen Postmaster to deliver the mail as addressed for receipt by LYBA, or as directed by Mr. Medrano.

FINDINGS OF FACT

  1. The LYBA is a summer youth baseball league located in Laveen, Arizona (Medrano Party Exh. A).
  2. Mr. Medrano represents became the President of the LYBA after a proper election on February 3, 2014 (Medrano Declaration).  Mr. Hooker and Mr. Weaver continued as members of the LYBA Board of Directors (Hooker and Weaver Declarations). 
  3. The Robinson Party has not responded to the Notice of Mail Dispute and Submittal Deadline sent by my office, nor has the Robinson Party addressed the evidence presented by the Medrano Party.

DECISION

Under the Rules of Practice in Mail Dispute proceedings, both parties are required to submit sworn statements explaining the facts supporting their positions.  See 39 C.F.R. § 965.5.  The Medrano Party complied with the rule and submitted sworn declarations by Messrs. Medrano, Hooker, and Weaver along with additional supporting exhibits.  The Robinson Party has filed nothing in connection with these proceedings and may, therefore, be held in default and the mail delivered to the other party.  See 39 C.F.R. § 965.7.

Additionally, I am guided by the principle that if I can discern whether one of the disputants is the duly elected president, or equivalent official, that person is entitled to direct the delivery of the mail in accordance with Postal Service regulations.  See James Townsell and Randy Townsend, P.S. Docket No. MD 10-338 (I.D. January 31, 2011), aff’d, MD 10-338 (P.S.D. March 8, 2011); see also James A. White and Derek Guyton, P.S. Docket No. MD-185 (I.D. June 25, 1993), finalized w/mod. (Order July 19, 1993), recons. denied (P.S.D. August 3, 1993).  The Board of Directors elected Mr. Medrano as President of the LYBA on February 3, 2014. 

Accordingly, I recommend that the Judicial Office issue an order directing the Laveen Postmaster to deliver all held mail and mail addressed to the Laveen Summer Ball League, Inc., Laveen Youth Ball Association, or LYBA, P.O. Box 874, Laveen, AZ 85339-0764 for receipt by Mr. Medrano, or as otherwise directed by Mr. Medrano.

Peter F. Pontzer
Administrative Judge

 

[1] Postal Service records indicate that both Mr. Robinson and Mr. Monte the Notice of Mail Dispute and Submittal Deadline.  Postal Service records also indicate that Mr. Robinson received the declarations and exhibits filed by the Medrano Party.  The Robinson Party has not responded to the Notice or filed a rebuttal in response to the filing submitted by the Medrano Party.