UNITED STATES OF AMERICA 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

ELAINE L. CHAO, Secretary of Labor, ) 

United States Department of Labor ) 

 ) 

 Complainant, ) 

 ) OSHRC Docket No. 08-1104 

v. ) 

 ) 

IMPERIAL SUGAR COMPANY; IMPERIAL- ) 

SAVANNAH, L.P.; and their Successors, ) OSHA Inspection No. 310988712 

 ) 

 Respondents. ) 

COMPLAINANT’S OBJECTION TO RESPONDENTS’ MOTION TO FILE REPLY 

BRIEFING IN SUPPORT OF RESPONDENTS’ MOTION TO DISMISS AND MOTION 

FOR PARTIAL SUMMARY JUDGMENT

COMES NOW the Complainant, the Secretary of Labor, United States Department of 

Labor, and objects to Respondents’ Motion to File Reply Briefing in Support of Respondents’ 

Motion to Dismiss and Motion for Partial Summary Judgment for the following reasons: 

 1. Respondents Imperial Sugar Company and Imperial-Savannah, L.P. filed a 

Motion to Dismiss and Motion for Partial Summary Judgment with supporting documentation on 

January 27, 2009. Complainant’s responses thereto were filed and served on February 27, 2009. 

 2. On February 26, 2009, Respondents sought leave to file reply briefs, before 

receiving or reading Complainant’s responses to determine whether their request for leave to file 

replies was necessary or appropriate. 

 3. The Occupational Safety and Health Review Commission (“Commission”) Rules 

do not allow for reply briefs. Rather, “a party adversely affected by the ruling” may seek 

reconsideration within five days. See 29 C.F.R. § 2200.40(c). 
 4. Respondents’ Motion sets forth no factual basis, other than “the importance of the 

legal issues presented,” for why reply briefs would be necessary. That assertion alone is an 

insufficient basis for reply briefs, which will only further delay these proceedings. 

 5. In this instance, the Commission’s Rules provide adequate procedural protections 

such that reply briefs are not warranted. 

WHEREFORE, for the foregoing reasons, Complainant respectfully requests that 

Respondents’ Motion for leave to file reply briefs be denied. 

Respectfully submitted, this 27th day of February, 2009. 

ADDRESS: CAROL DE DEO 

Deputy Solicitor of Labor 

Office of the Solicitor 

U. S. Department of Labor STANLEY E. KEEN 

61 Forsyth Street, S.W. Regional Solicitor 

Room 7T10 

Atlanta, GA 30303 SHARON D. CALHOUN 

 Counsel 

Telephone: 404/302-5435 

Facsimile: 404/302-5438 By: s/Karen E. Mock_______ 

Mock.karen@dol.gov KAREN E. MOCK 

Donaldson.angela@dol.gov Senior Trial Attorney 

ANGELA F. DONALDSON 

 Trial Attorney 

Attorneys for the Secretary of Labor 

SOL Case No. 08-60093 United States Department of Labor 

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CERTIFICATE OF SERVICE 

 I certify that all parties have consented that all papers required to be served may be 

served and filed electronically. I further certify that a copy of Complainant’s Objection to 

Respondents’ Motion to File Reply Briefing in Support of Respondents’ Motion to Dismiss and 

Motion for Partial Summary Judgment was electronically served on February 27, 2009 on the 

following parties: 

Charles H. Morgan, Esq. 

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 

 s/Karen E. Mock_________

KAREN E. MOCK 

 Senior Trial Attorney 

SOL Case No. 08-60093 

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