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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76264-76265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24380]

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POSTAL REGULATORY COMMISSION

[Docket No. C2023-6; Presiding Officer's Ruling No. 2]

Service Standard Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is providing notice that a hearing and certain 
procedural events have been scheduled in this proceeding. This notice 
informs the public of the procedural schedule.

DATES: Notices of intervention are due: November 13, 2023; Prehearing 
Videoconference: December 4, 2023, at 1:00 p.m., Eastern Daylight Time, 
Virtual.

ADDRESSES: Submit notices of intervention electronically via the 
Commission's Filing Online system at https://www.prc.gov. Persons 
interested in intervening who cannot submit their views electronically 
should contact the person identified in the FOR FURTHER INFORMATION 
CONTACT David A. Trissell, General Counsel, at 202-789-6820. For 
additional information, Presiding Officer's Ruling No. 2 can be 
accessed electronically through the Commission's website at https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 
I. Procedural Schedule
II. Additional Case Management Procedures
III. Ruling

I. Procedural Schedule

    Intervention. The deadline to file a notice of intervention 
pursuant to 39 CFR 3010.142 is November 13, 2023.
    Discovery. Pursuant to Order No. 6688, the Presiding Officer shall 
conduct limited discovery for the purpose of determining disputed 
issues of fact in this case.\1\
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    \1\ Order Partially Denying United States Postal Service's 
Motion to Dismiss and Notice of Limited Formal Proceedings, 
September 18, 2023, at 8 (Order No. 6688).
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    At the prehearing videoconference conducted on October 30, 2023, 
the parties agreed that the discovery process should go forward 
notwithstanding Complainant's two motions pending before the 
Commission.\2\ After further discussion at the videoconference, 
Complainant indicated that he would file a notice on the Commission's 
docket withdrawing his motion for summary judgment without prejudice to 
refiling once the discovery process has been completed. Should the 
Commission grant the motion for reconsideration or otherwise expand the 
scope of the issues, the Presiding Officer will take appropriate 
action.
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    \2\ See Motion to Reconsider Order No. 6688, October 20, 2023; 
Motion for Oral Argument and Summary Judgment, October 30, 2023.
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    The parties may request that the Presiding Officer obtain specific 
discovery, but may not independently propound discovery on each other. 
Order No. 6688 at 8. The parties shall email their initial information 
requests, encompassing both of the disputed issues of fact, to the 
Presiding Officer (and cc'ing the other party) no later than Monday, 
November 6, 2023, at 4:30 p.m.\3\ The parties should attach their 
requests to the email in Microsoft Word format. These proposed 
information requests need not be filed on the Commission's public 
docket. Failure to submit an initial information request by the 
deadline without good cause may result in waiver of the party's right 
to request discovery in this case.
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    \3\ All times in this Ruling are Eastern Time.
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    The Presiding Officer will serve information requests by filing 
them on the Commission's public docket. Answers to information 
requests, as well as any objections or claims of privilege, are due by 
the date and time specified in each information request. Although the 
Presiding Officer will initially review the proposed information 
requests and reserves the right to revise or reject any proposed 
questions on grounds such as relevance, the Presiding Officer's 
issuance of an information request should not be construed as 
considering or rejecting any objections or claims of privilege that 
could conceivably be raised. Procedures for raising good faith 
objections or claims of privilege, if any, will be set out in the 
Presiding Officer's information request.
    Responses to information requests may be transmitted via email, 
with the Presiding Officer cc'ed, by the date and time due. Unless 
otherwise indicated, responses to discovery requests need not be filed 
on the Commission's public docket.
    Further information requests submitted by the parties will be 
considered by the Presiding Officer only after the parties have 
submitted their responses to the initial information requests. Pursuant 
to 39 CFR 3010.170, the Presiding Officer may issue information 
requests on his own initiative, either independently or along with 
requests submitted by the parties. The parties are advised, however, 
that issuance of additional information requests will be considered on 
a case-by-case basis and is not guaranteed, particularly if the party 
could have requested the information sought in its initial information 
request.
    Prehearing videoconference. A prehearing videoconference is 
scheduled to be conducted before the Presiding Officer on December 4, 
2023, at 1:00 p.m. Among other things, this videoconference will 
discuss procedures for the presentation of

[[Page 76265]]

evidence and legal arguments, the need for any additional information 
requests, as well as the resolution of any pending discovery-related 
disputes. Additional prehearing conferences may be scheduled as needed.
    Presentation of evidence. The issue of whether the hearing will 
involve the presentation of oral versus written testimony (including 
whether it may be appropriate to supplement written testimony with oral 
testimony for certain witnesses on particular issues in dispute) will 
be addressed more fully at the December 4, 2023, prehearing 
videoconference.
    Hearing. The date on which the hearing of evidence shall begin will 
be addressed at the December 4, 2023, prehearing teleconference.

II. Additional Case Management Procedures

    Good faith effort to confer. A good faith effort to confer with the 
opposing party requires at least the placing of one telephone call or 
the transmittal of one email message to the opposing party or its 
counsel.
    Discovery motions. The parties must make a good faith effort to 
confer with the opposing party to attempt to resolve any discovery 
dispute before filing any motions related to discovery. The Presiding 
Officer will not entertain a motion to compel discovery, motion for 
sanctions, motion for protective order, or any other discovery motions 
until this good faith effort has been made. If this good faith effort 
is unsuccessful, the motion shall (1) state that a good faith effort 
has been made to resolve the dispute, (2) attach each disputed 
discovery request, answer, and objection (if applicable), (3) provide 
available dates and times for a hearing to be conducted by 
videoconference, and (4) concisely state the relief sought, the basis 
therefor, and the authority relied upon. Any party opposing the motion 
shall file a response no later than 7 days after the motion is filed. 
See 39 CFR 3010.160(b). No replies shall be permitted without express 
authorization of the Presiding Officer. See 39 CFR 3010.160(c). Failure 
to file a timely response may result in the motion being deemed 
unopposed. The Presiding Officer may decide the dispute based on the 
motion and any response, set a hearing to be conducted by 
videoconference, or order further briefing.
    Extension of time or continuance. If either party seeks an 
extension of time or continuance, they must make a good faith effort to 
confer with the opposing party to determine a proposed mutually 
agreeable date before filing a motion. The motion must be filed before 
the specific deadline expires and shall state whether the other party 
opposes the motion. Extensions of time or continuances will only be 
granted for good cause shown.
    Waiver or modification. If either party seeks to waive or modify 
the terms of any Presiding Officer's Ruling, the party must make a good 
faith effort to confer with the opposing party to determine a proposed 
mutually agreeable resolution before filing a motion. The Presiding 
Officer may waive or modify the terms of his order for good cause 
shown.
    Oral argument. If either party requests to present oral argument 
before the Presiding Officer relating to any motion or brief, the party 
shall include ``ORAL ARGUMENT REQUESTED'' in the caption or title on 
page 1 of the applicable motion, response, or brief.

III. Ruling

    1. The deadline to file a notice of intervention pursuant to 39 CFR 
3010.142 is November 13, 2023.
    2. A prehearing videoconference will be conducted before the 
Presiding Officer on December 4, 2023, at 1:00 p.m.
    3. The parties and counsel shall follow the procedural schedule and 
case management procedures established by this Presiding Officer's 
Ruling.
    4. The Secretary shall arrange for publication of the deadline to 
file a notice of intervention and the date of the prehearing 
videoconference in the Federal Register.

Erica A. Barker,
Secretary.
[FR Doc. 2023-24380 Filed 11-3-23; 8:45 am]
BILLING CODE 7710-FW-P
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