u.s. Department of Labor

December 5,2008

I-Ionorable Dennis J. Phillips

Review Comlnission Judge

Occupational Safety and Health

Review Commission

1120 20th Street, NW

Washington, DC 20036-3457

Office of the Solicitor

61 Forsyth Street SW

Atlanta, Georgia 30303

VIA FACSIMILE and U.S. MAIL

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Re: Secretary of Labor v. Imperial Sugar Conlpany; Imperial-Savannah, L.P.; and t~.~ir --

Successors .

..lOSHRC Docket No. 08-1104; Region IV \-d

Inspection No. 310988712

SOL Case No. 08-60093

Dear Judge Phillips:

l~nclosed please find the original and one copy ofComplainant's Motionfor Extension afTime

to S'erve Answers and Objections to Respondent's First Interrogatories and First Requestfor

Production ofDocuments and proposed Order in the above-captioned case. Please return a

conformed copy of Complainant's motion in the enclosed envelope.

You will note from the Certificate of Service that a copy has been forwarded to counsel for the

Respondents.

Respectfully,

Stanley E. Keen

Regional Solicitor

By: K (,111/1 fdL

Karen E. Mock yrI

Senior Trial Attorney

Enclosures

cc: Charles H. Morgan, Esq.

Working for America's Workforce
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

ELAINE L. CHAO, Secretary of Labor,

United States Department of Labor

Complainant,

v.

IMPERIAL SUGAR COMPANY; IMPERIALSAVANNAH, L.P.; and their Successors,

Respondents.

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OSHRC Docket No. 08-1104

OSHA Inspection No. 310988712

COMPLAINANT'S MOTION FOR EXTENSION OF TIME TO SERVE ANSWERS

AND OBJECTIONS TO RESPONDENT'S FIRST INTERROGATORIES AND FIRST

REQUEST FOR PRODUCTION OF DOCUMENTS

Comes now the Complainant, the Secretary of Labor, United States Department of Labor,

and moves the Court to extend the time by which Complainant may answer and/or object to

Respondent Imperial-Savannah, L.P.'s written discovery requests in this case an additional thirty

(30) days, up to and including January 9, 2009, for the following reasons:

1. Respondent Imperial-Savannah, L.P. ("ISLP") served its First Interrogatories and

First Request for Production of Documents to Complainant ("Interrogatories and Requests") on

November 3, 2008. Therefore, pursuant to the Occupational Safety and Health Review

Commission's Rules of Procedure, Complainant's answers and/or objections to the

Interrogatories and Requests are due on or before December 8, 2008. True and correct copies of

Respondent's Interrogatories and Requests are attached hereto as Exhibit A and Exhibit B,

respectively.

2. Due to inadvertence, Complainant's undersigned counsel did not become aware

that Respondent ISLP had propounded discovery until November 13,2008.
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3. Due to the complexity and nature ofthis case, based principally upon the number

and classification ofthe Citation items, Complainant's counsel requests a thirty (30) day

extension oftime to complete the following in order to more accurately and completely respond

to the Interrogatories and Requests:

a. Properly review and redact privileged portions ofthe investigation files;

b. Complete creation of electronic database(s) and/or file(s) to facilitate

production ofresponsive materials to the Requests;

c. Properly bates-number all nlaterials and records responsive to the

Requests; and

d. Create a Privilege Log reflecting materials withheld from production.

4. Following receipt ofthe Interrogatories and Requests, Complainant initiated each

ofthe foregoing tasks; however, due largely to the comparative size ofthe case files vis-a.-vis the

scope ofRespondent's written discovery, an additional thirty (30) days will provide Complainant

needed time to complete these specific actions in order to prope[ly respond to the Interrogatories

and Requests.

5. Respondents ISLP and Imperial Sugar Company will not be harmed or prejudiced

by a thirty (30) day extension oftime to serve answers and objections to the Interrogatories and

Requests in the present case.

6. Undersigned Complainant's counsel, Karen E. Mock, conferred via electronic

mail with Respondent's counsel, Charles H. Morgan and Patrick J. Veters on December 3-4,

2008 regarding this nlotion and the reliefrequested herein. Mr. Veters sent reply emails on those

dates indicating that Respondents were opposed to granting an extension ofthirty (30) days.

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WHEREFORE, for the foregoing reasons Complainant hereby respectfully moves the

Commission to grant Complainant a thirty (30) day extension, up to and including January 9,

2008, to serve answers and objections to the Interrogatories and Requests.

Dated this 5th day of December 2008.

ADDRESS:

Office ofthe Solicitor

U. S. Department of Labor

61 Forsyth Street, S.W.

Room 7T10

Atlanta, GA 30303

Telephone: 404/302-5435

Facsimile: 404/302-5438

Mock.karen@do1.gov

Helms.christopher@dol.gov

SOL Case No. 08-60093

GREGORY F. JACOB

Solicitor of Labor

STANLEY E. KEEN

Regional Solicitor

SHARON D. CALHOUN

Counsel

By:KA~aNMb NE.M CK

[.~L- Senior Trial Attorney

CHRISTOPHER D. HELMS

Trial Attorney

Attorneys for the Secretary ofLabor

United States Department of Labor

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred in good faith with Respondent's counsel Charles H.

Morgan and Patrick J. Veters regarding Complainant's Motionfor Extension ofTime to Serve.

Answers and Objections to Respondent's First Interrogatories and First Requestfor Production

ofDocuments. Mr. Veters has communicated that Respondents are opposed to the relief

requested herein.

K~:ttrJCk{. ov( -

Senior Trial Attorney

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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

IMPERIAL SUGAR COMPANY;

IMPERIAL-SAVANNAH, L.P.

Docket No. 08-1104

Respondents.

Complainant,

v.

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RESPONDENT'S FIRST INTERROGATORIES TO COMPLAINANT

Pursuant to 29 C.F.R. § 2200.55, Respondent Imperial-Savannah, L.P. (hereinafter

"Imperial" and improperly captioned as "Imperial Sugar Company") respectfully requests that

Complainant answer the following interrogatories separately, fully, in writing, and under oath

within thirty-three (33) days ofthis request:

DEFINITIONS AND INSTRUCTIONS

1.

The Complainant should answer each interrogatory separately and fully. Iffor any

reason the Complainant cannot answer any interrogatory or part thereof in full, the Complainant

should answer to the extent possible and state the reasons for the inability to provide a complete

answer. Ifthe Complainant cannot provide the exact information requested, provide the best

. approximation ofthe information requested.

EXHIBIT"_---l.A----

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LEGAL02/310 15731 v2
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2.

If any interrogatory is objected to, the basis for the objection should be stated.

3.

The term "document" is used in its broadest sense to mean every information-containing

thing, including copies and duplications, and further including, without limitation, emails,

correspondence, papers, records, computer printouts, magnetic tapes, disks or other computerstored information, audio tapes, videotapes, transcripts of audio tapes or videotapes, film,

photographs, checks, bank statements, orders, contracts, agreements, notes oftelephone or other

conversations, and any other information-containing paper, writing, or thing.

4.

The tenn "identify" or "describe" or state the "identity of' means:

(a) as to a person, to state the full name, present business and home addresses,

present business and home telephone numbers, and present or last known position in business;

(b) as to a firm, partnership, corporation, or any other form of business entity, to state

the full name, address, and telephone number;

(c) as to a document, to describe the type of document (e.g., letter, statement,

memorandum, telegram, notes oftelephone conversation, etc.), its date, the identity ofthe

sender(s) and recipient(s), and its present location and custodian. In lieu thereof, a copy ofthe

document can be produced. As to a document which was, but is no longer in Complainant's

possession or subject to its control, Complainant should also state what disposition was made of

it, and the particulars ofits present location;

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LEGAL02/310 15731 v2
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(d) as to any communication, to state the type of communication (e.g., oral, written,

computer, etc.), the date and substance ofsuch communication, the identity ofthe participants,

and any documents evidencing or supporting such communication.

5.

If any document, communication, or thing is withheld under any claim of privilege or

work product, state the precise nature ofthe objection to production and provide a list ofsuch

documents, communications, or things including the following: the identity ofthe author(s) or

participant(s); the identity of each recipient ofthe document or information and the identity of

the individual or individuals to whom copies have been furnished or the information

communicated; the date the document was created or the information disseminated; a description

ofthe subject matter ofthe document or infonnation; and the specific interrogatory or document

request to which each document or infonnation is responsive.

INTERROGATORIES

1.

Identify all of Complainant's employees, appointees, contractors, and consultants, whom

the Complainant believes to have knowledge supporting or refuting the allegations made in the

Citations and Notifications of Penalty issued by Complainant in this matter or any allegation

made in the Complaint, and provide a summary ofthe knowledge possessed by each person

identified.

2.

List the name and address of each and every individual whom the Complainant expects to

call as an expert witness at the hearing ofthis matter and state the subject matter upon which the

expert is expected to testify, the substance ofthe facts and opinions to which the expert is

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LEGAL02/31 015731 v2
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expected to testify, the infonnation upon which the expert will base each opinion, and a

summary ofthe grounds.for each opinion.

3.

Identify all individuals, other than those identified in response to Interrogatory No.2

above, whom Complainant expects to call as a witness at the hearing ofthis matter.

4.

Identify all individuals who participated in gathering the facts that relate to either the

Citations and Notifications of Penalty issued by Complainant or to the Complaint.

5.

Identify all documents that you contend support the Citations and Notifications of Penalty

issued by Complainant or any allegation contained in the Con1plaint.

Respectfully submitted, this -3..2- day of November, 2008.

Charles H. Morgan

charlie.morgan@alston.com

Matthew J. Gilligan

matt.gilligan@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

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LEGAL02/31 015731 v2
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

IMPERIAL SUGAR COMPANY;

IMPERIAL-SAVANNAH, L.P.

Docket No. 08-1104

Respondents.

Complainant,

v.

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-------------)

CERTIFICATE OF SERVICE

This is to certify that I have this date served a copy ofthe within and foregoing

RESPONDENT'S FIRST INTERROGATORIES TO COMPLAINANT by certified U.S. Mail,

return receipt requested with adequate postage affixed thereon, addressed as follows:

Sharon D. Calhoun, Esq.

Karen E. Mock, Esq.

Christopher D. Helms, Esq.

Office ofthe Solicitor

U.S. Department of Labor

61 Forsyth Street S.W.

Room 7TIO

Atlanta, Georgia 30303

This day of November, 2008.

LEGAL02/31 015731 v2
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

IMPERIAL SUGAR COMPANY;

IMPERIAL-SAVANNAH, L.P.

Docket No. 08-1104

Respondents.

Complainant,

v.

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----------.)

RESPONDENT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

TO COMPLAINANT

Pursuant to 29 C.F.R. § 2200.53, Respondent Imperial-Savannah, L.P. (hereinafter

"Imperial" and improperly captioned as "Imperial Sugar Company") respectfully requests that

Complainant produce and permit Imperial to inspect and copy the below designated documents,

or, in the alternative, produce copies ofsuch documents together with an invoice for any copying

charge by mailing said copies and invoice to the undersigned at the offices of Alston & Bird LLP,

1201 West Peachtree Street, Atlanta, Georgia, 30309-3424, within thirty-three (33) days ofthis

request:

DEFINITIONS AND INSTRUCTIONS

1.

Each term defined in the definitions and instructions to Respondents' First Interrogatories

to Complainant served concurrently herewith shall have the same meaning herein as it does in

those interrogatories.

LEGAL02/31015733v2

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EXH\B\1 ----.-.-.__.- ---

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2.

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These requests extend to all documents in the possession, custody, or control of

Complainant.

3.

If Complainant withholds under a claim of privilege or work product any document or

thing requested herein, please furnish a list specifying each document or thing to which the

privilege is claimed, together with the following information: the author; the name and job title

of each recipient; the person or persons to whom copies have been furnished; the date the

document was created; the subject matter ofthe document; the basis upon which privilege is

claimed; and the paragraph ofthis request to which each document or thing is responsive.

REQUESTS

1.

All documents relating to the inspection of Imperial's facilities located in Port Wentworth,

Georgia (Inspection No. 310988712), which inspection allegedly serves as the basis for the

Citations and -Notifications of Penalty issued herein. This request includes, but is not limited to,

the following documents:

A. All documents that memorialize the statements by witnesses of alleged incidents,

acts, or omissions that relate to the above-referenced inspections or Citations and Notifications of

Penalty. The identity of each witness may be deleted from each statement;

B. All documents that reflect the results of any test performed by or for Complainant

that relate to the above-referenced inspections or Citations and Notifications of Penalty;

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C. All photographs, videotapes, audiotapes, diagrams, or recorded staten1ents taken

at the inspection site, any Imperial work site, or any other location, which relate in any way to

the above-referenced inspections or Citations and Notifications of Penalty; and

D. The investigative file(s) or inspection file(s), and/or any documents related to the

above-referenced inspection that were collected or created by the OSHA compliance officer(s) or

other OSHA employee(s) or consultants involved in said inspections, including any and all

documents provided to Complainant by a third party either in response to a subpoena or

voluntarily.

2.

All documents submitted to or received from expert(s) who may be presented at the

hearing ofthis matter, and all documents upon which Complainant's expert(s) either relied in

making any judgment or decision or forming any opinion or may rely in making any judgment or

decision or forming any opinion and which pertain to testimony the expert(s) may present at the

hearing ofthis matter.

3.

All documents that Complainant has been asked to identify in, has identified in, or has

used in framing Complainant's responses to Respondents' First Interrogatories to Complainant,

which are served concurrently herewith.

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LEGAL02/31015733v2
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Respectfully submitted, thisnday ofNovember, 2008.

o

harles H. Morgan

charlie.morgan@alston. om

Matthew J. Gilligan

matt.gilligan@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

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LEGAL02131 015733v2
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

IMPERIAL SUGAR COMPANY;

IMPERIAL-SAVANNAH, L.P.

Docket No. 08-1104

Respondents.

Complainant,

v.

)

)

)

)

)

)

)

)

)

)

)

----------)

CERTIFICATE OF SERVICE

This is to certify that I have this date served a copy ofthe within and foregoing

RESPONDENT'S FIRST INTERROGATORIES TO COMPLAINANT by certified U.S. Mail,

return receipt requested with adequate postage affixed thereon, addressed as follows:

Sharon D. Calhoun, Esq.

Karen E. Mock, Esq.

Christopher D. Helms, Esq.

Office ofthe Solicitor

U.S. Department of Labor

61 Forsyth Street S.W.

Room 7TIO

Atlanta, Georgia 30303

This3.l day ofNovember, 2008.

LEGAL02/31015733v2
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UNITED STATES OF AMERICA

o

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

ELAINE L. CHAO, Secretary of Labor,

United States Department of Labor

Complainant,

v.

IMPERIAL SUGAR COMPANY; IMPERIALSAVANNAH, L.P.; and their Successors,

Respondents.

)

)

)

)

)

)

)

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OSHRC Docket No. 08-1104

OSHA Inspection No. 310988712

ORDER

Complainant's Motion for Extension ofTime to Serve Answers and Objections to

Respondent Imperial-Savannah, L.P.'s First Interrogatories and First Request for Production of

Documents comes now for consideration before this Court. It appears good cause has been

shown in support ofsaid motion and Respondents will not be prejudiced by the granting ofthe

same.

Wherefore, premises considered, Complainant's Motion for Extension of Time to Serve

Answers and Objections to Respondent's First Interrogatories and First Request for Production

of Documents in the above referenced matter is GRANTED.

Complainant is hereby granted up to and including January 9, 2009, to serve her answers

and objections to Respondent's Interrogatories and Requests.

Date:----- HONORABLE DENNIS L. PHILLIPS

Administrative Law Judge
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CERTIFICATE OF SERVICE

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I hereby certify that on the 5th day ofDecember 2008, a true and correct copy of

Complainant's Motionfor Extension ofTime to Serve Answers and Objections to Respondent's

First Interrogatories and First Requestfor Production ofDocuments and proposed Order were

served upon counsel ofrecord for Respondents via facsin1ile and first class n1alI, addressed to:

Charles H. Morgan, Esq.

Alston & Bird, LLP

One Atlantic Center

1201 W. Peachtree Street

Atlanta GA 30309-3424

Senior Trial Attorney

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