LEGAL02/31560318v1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR, )

)

Complainant, )

)

v. ) Docket No. 08-1104

)

IMPERIAL SUGAR COMPANY; )

IMPERIAL-SAVANNAH, L.P. )

)

Respondents. )

)

JOINT PERIODIC DISCOVERY STATUS REPORT AND REQUEST FOR

TELEPHONIC CONFERENCE

Pursuant to the Review Commission’s February 10, 2009 Scheduling Order, the parties

respectfully submit this periodic report on the progress of discovery. The parties are continuing

to review and exchange documents and written discovery responses. The parties have taken

several depositions of witnesses for Complainant and Respondents, and the parties are working

on scheduling additional depositions. The parties are diligently pursuing fact discovery to meet

the deadline set by the Commission.

The Parties respectfully request a conference regarding their joint request to amend the

February 10, 2009 Scheduling Order related to the October 16, 2009 and October 30, 20009

deadlines for reports from experts and rebuttal experts. The Parties would like to discuss

extending this deadline to December, to allow for fact discovery to end. The extensions would

allow enough time for completion of expert discovery prior to the scheduled close of expert

discovery on January 29, 2010. The Parties do not believe such a change will affect the hearing

date of this matter nor any other discovery deadlines.
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LEGAL02/31560318v1

Respectfully submitted this 5th day of October, 2009.

/s/ Charles H. Morgan

Charles H. Morgan

charlie.morgan@alston.com

Matthew J. Gilligan

matt.gilligan@alston.com

Ashley D. Brightwell

ashley.brightwell@alston.com

Jeremy D. Tucker

jeremy.tucker@alston.com

ALSTON & BIRD LLP

1201 West Peachtree Street

Atlanta, Georgia 30309-3424

(404) 881-7000

(404) 253-8757

Attorneys for Respondents

CAROL A. DE DEO

Deputy Solicitor for National Operations

STANLEY E. KEEN

Regional Solicitor

SHARON D. CALHOUN

Deputy Regional Solicitor

By: /s/ Karen E. Mock

KAREN E. MOCK

Senior Trial Attorney

ANGELA DONALDSON

Trial Attorney

U. S. Department of Labor

Office of the Solicitor

61 Forsyth Street, SW, Room 7T10

Atlanta GA 30303

Telephone: (404) 302-5435

Facsimile: (404) 302-5438

Attorneys for Complainant
- 3 -

LEGAL02/31560318v1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR, )

)

Complainant )

)

v. ) Docket No. 08-1104

)

IMPERIAL SUGAR COMPANY; )

IMPERIAL-SAVANNAH, L.P. )

)

Respondents. )

____________________________________)

CERTIFICATE OF SERVICE

I certify that all parties have consented that all papers required to be served in this action

may be served and filed electronically. I further certify that a copy of JOINT PERIODIC

DISCOVERY STATUS REPORT AND REQUEST FOR CONFERENCE was electronically

served on October 5, 2009 on the following counsel for Complainant:

Karen E. Mock

Mock.Karen@dol.gov

Angela F. Donaldson

Donaldson.Angela@dol.gov

Office of the Solicitor

U.S. Department of Labor

61 Forsyth Street S.W.

Room 7T10

Atlanta, Georgia 30303

/s/ Charles H. Morgan

Charles H. Morgan

Alston & Bird LLP

1201 West Peachtree Street

Atlanta, Georgia 30309-3424

charles.morgan@alston.com