· .'

United States ofAmerica

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant,

v.

IMPERIAL SUGAR COMPANY AND

IMPERIAL - SAVANNAH, L.P.,

Respondents,

OSHRC DOCKET NO. 08-1104

NOTICE OF INITIAL PRETRIAL CONFERENCE AND ORDER FOR PARTIES TO

CONFER AND SUBMIT PLANNING RECOMMENDATIONS

Counsel for the parties in the instant matter are hereby notified that on Thursday,

January 29, 2009, at 3:00 p.m. (EST), the undersigned will hold via telephonic conference call

an initial pretrial conference. Prior to that call and pursuant to 5 U.S.C. § 556 and Commission

Rules of Procedure 51 and 67, 29 C.F.R. § § 2200.51 and .67, the parties are directed to confer

with one another, and on or before Friday, January 23, 2009, jointly submitl a statement of

disputed issues and recommendations for time limits on the following activities.2

A. A proposed date for the hearing ofthis matter and the number of days needed to

complete the hearing.

B. The date(s) by which the parties must submit in writing the names, organizational

1 Should the parties be unable to agree to dates for these events, they shall submit

individual recommendations along with a certification that after reasonable efforts, they could

not reach agreement.

2 Throughout these orders, dates established for submission ofpleadings and all other

documents are the dates by which the materials must be received by the opposing party and the

office ofthe administrative law judge.
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affiliations and subject matter areas of expertise of expert witnesses it may call at the

hearing. The date(s) by which Reports prepared by the expert witnesses shall be

completed and delivered to counsel who retained the expert(s), and exchanged with

opposing counsel. 3

C. The date by which all discovery is to be completed. This statement should

incorporate the nature ofthe discovery each party intends to a take as well as the

sequencing of all discovery events, the number ofinterrogatories each party

anticipates it will serve on the opposing party ( a written stipulation with

explanation is encouraged ifthe nun1ber exceeds 25), and the number of

depositions each party intends to notice (a written stipulation with explanation is

encouraged ifthe number exceeds 10).

D. The date on or before which motions to amend pleadings shall be received by the

administrative law judge and served on all parties.

E. The date on or before which dispositive or partially dispositive pre-hearing motions,

including summary judgn1ent motions, shall be received by the administrative law judge

and served on all parties.

F. The date by which responses to dispositive or partially dispositive pre-hearing

motions shall be received by the administrative law judge and served on all parties (no

later than 20 working days prior to trial).

G. The date by which pre-hearing statements shall be received by the administrative law

judge and served on all parties (at least 10 working days prior to trial) .

H. Any other time limits or deadlines the parties suggest as appropriate or necessary for

the efficient management ofthe pre-trial and hearing activities.

The Commissions Rules of Procedure permit filing and service ofpleadings and documents by

3 This disclosure shall be accompanied by a mandatory written report prepared and

signed by the witness. The report shall contain a complete statement of all opinions to be

expressed and the basis and reasons therefor; the data or other infonnation considered by the

witness in fonning the opinions; any exhibits to be used as a summary of or support for the

opinions; the qualifications ofthe witness, including a list of all publications authored by the

witness within the preceding ten years; the compensation to be paid for the study and testimony;

and a listing of any other cases in which the witness has testified as an expert at trial or by

deposition within the preceding four years.
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electronic means at washdcoshrcjudges@oshrc.gov. The pertinent rules are Rule 7(c), 29

C.F.R. § 2200.7(c) (Service and notice - How accomplished) and Rule 8(g), 29 C.F.R. §

2200.8(g) (Filing - Electronic filing). The parties are to determine whether they will

electronically file and serve, and then consult the agency website at

http://www.oshrc.gov/publications/instructions elecfiling.html for instructions for electronic

filing.

Dated: 1!Iz!tfJ

Washington, DC.

COVETTE ROONEY

Judge, OSHRC
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CERTIFICATE OF SERVICE

This is to certify that a copy ofthe Order was mailed to the parties listed below by first class

mail on January 12, 2009.

08-1104

Stanley E. Keen, Regional Solicitor

U.S. Department ofLabor

Office ofthe Solicitor

Atlanta Federal Center Room 7T10

61 Forsyth Street

Atlanta, Georgia 30303

Attention: Karen Mock, Esquire

Charles H. Morgan, Esquire

Alston & Bird, LLP

One Atlantic Center

1201 West Peachtree Street

Atlanta, GA 30309-3424

~~enlse M. BowIe, Adm. Asst.

Post Office Address:

Judge Covette Rooney

OSHRC

One Lafayette Centre

1120 20th Street, N.W.

Room 990

Washington, D.C. 20036-3457

(202) 606-5405 FAX (202) 606-5409