LEGAL02/31201853v1

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. )

____________________________________)

RESPONDENTS’ MOTION (1) FOR TELEPHONIC ORAL ARGUMENT AND (2) TO

FILE A REPLY BRIEF REGARDING RESPONDENTS’ MOTION

TO DEPOSE OSHA COMPLIANCE OFFICERS

1. Pursuant to 29 C.F.R. § 2200.40(a) and other applicable law, Respondents

Imperial Sugar Company and Imperial-Savannah, L.P. (collectively “Imperial”) respectfully

move the Commission for (1) oral argument by telephone regarding Respondents’ Motion to

Depose OSHA Compliance Officers; and (2) leave to file a reply brief in support of

Respondents’ Motion to Depose OSHA Compliance Officers.

2. Complainant does not oppose telephonic oral argument. Complainant does

oppose Imperial’s request for leave to file a reply brief, but will not be filing a formal response in

opposition.

3. Regarding telephonic oral argument, Respondent believes that a short call

between the parties before the Commission will be helpful in resolving this Motion.

4. Regarding a reply brief, Imperial similarly believes that a short reply brief will be

helpful in resolving this Motion. Respondent submits that any such reply brief (1) will be

limited to 5 pages and will be filed on or before Friday, March 27, 2009; (2) will be limited to a

reply to Complainant’s arguments; (3) will address the precise paragraph of Complainant’s
- 2 -

LEGAL02/31201853v1

response to which a reply is being made; and (4) will not make any statement or argument that

advances any new grounds for relief, supplements any ground for relief, or repeats arguments set

forth in the initial motion.

WHEREFORE, Respondents respectfully request that the Commission grant their Motion

(1) for Telephonic Oral Argument and (2) to File a Reply Brief Regarding Respondents’ Motion

to Depose OSHA Compliance Officers.

Respectfully submitted this 19

th day of March 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

FAX: (404) 253-8757

Attorneys for Respondents
LEGAL02/31201853v1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR, )

)

Complainant, ) OSHRC Docket No. 08-1104

)

v. )

)

IMPERIAL SUGAR COMPANY; )

IMPERIAL-SAVANNAH, L.P. )

)

)

Respondents. )

)

ORDER PERMITTING ORAL ARGUMENT AND REPLY BRIEF (Proposed)

For good cause shown, the Respondents’ Motion (1) for Telephonic Oral Argument and

(2) to File a Reply Brief Regarding Respondents’ Motion to Depose OSHA Compliance Officers

is hereby GRANTED. A telephonic conference limited to 30 minutes will be held on

______________, 2009. Complainant and Respondent shall be limited to 15 minutes each to

present their arguments. The Respondents shall have until Friday, March 29, 2009, to file a

Reply in support of said Motion, said reply brief (1) will be limited to 5 pages; (2) will be limited

to a reply to Complainant’s arguments; (3) will address the precise paragraph of Complainant’s

response to which a reply is being made; and (4) will not make any statement or argument that

advances any new grounds for relief, supplements any ground for relief, or repeats arguments set

forth in the initial motion.

SO ORDERED this ____ day of ___________________, 2009.

_________________________________

The Honorable Covette Rooney

U.S. OSHRC Judge
LEGAL02/31201853v1

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 RESPONDENTS’

MOTION (1) FOR TELEPHONIC ORAL ARGUMENT AND (2) TO FILE A REPLY BRIEF

REGARDING RESPONDENTS’ MOTION TO DEPOSE OSHA COMPLIANCE OFFICERS

were electronically served on March 19

th, 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

charlie.morgan@alston.com