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,

U.S. Department of Labor

December S, 2008

l-Ionorable Dennis J. Phillip!

Review Commission Judge

Occupational Safety and Health

Review Commission

1]20 20th Street, NW

Washington, DC 20036-3457

Office of the Solicitor

61 Forsyth Street SW

Atlanta, Georgia 30303

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VlA FACSIMILE and U.S. MAIL

Re: Secretary of Labor v. Imperial Sugar Company; TmperiaJ-SavaMah. L.P.: and their

Successors

OSHRC Docket No. 08..1104; Region IV

Inspection No. 310988712

SOL Case No. 08-60093

Dear Judge PhiJIips:

Enclosed please find the original and'one copy ofComplainanl's Motion/or Ex/ension ojTilne

to ~'erve Answers and Objeclions to Responcent's First Inlerrogatories and FirST Reque~·t for

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

conformed copy ofComplainantts motion in the enclosed envelope.

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

Respondents.

RespectfulIy,

Stanley E. Keen

Regional Solicitor

By: K~ r.l;v,~ Karen E. Mock yrI

Senior Trial Attorney

Enclosures

cc: Charles H. Morganll Esq.

Working'for America's Workforce
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

ELAINE L, CHAO, Secretary ofLabor, )

United States Department ofLabor )

)

Complainant, )

)

v. )

)

IMPERIAL SUGAR COMPANY; IMPERIAL- )

SAVANNAH, L.P.; and their Successors, )

)

Respondents. )

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 PRODUCfION OF DOCUMENTS

Comes now the Complainant, the Secretary ofLabor, United States Depanment 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:

]. Respondent Imperial·Savannah, L.P. (UISLP") served its First Interrogatories and

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

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

Commission's Rules ofProcedure~ 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 ofme Citation items, Conlplainant Ss counsel requests a thirty (30) day

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

to the Interrogatories and Requests:

a. Properly revie"Y 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. Properiy bates-number all materials 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 viswa-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 properly 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 l-!. Morgan and Patrick J. Veters on December 3-4,

2008 regarding this motion 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 Slh day of December 2008.

ADDRESS:

Office ofthe Solicitor

U. S. Department ofLabor

61 Forsyth Street, S.W.

Room 7TIO

Atlanta, GA 30303

Telephone: 404/302-5435

Facsimile: 404/302-5438

Mock.karen@dol.gov

Helms.cluistopher@dol.gov

SOL Case No. 08-60093

GREGORY F. JACOB

Solicitor ofLabor

STANLEY E. KEEN

Regional Solicitor

SHARON D. CALHOUN

Counsel

BY~m>r.~L- E.M CK

Senior Trial Attorney

CHRISTOPHER D. HELMS

Trial Attorney

Attorneys for the Secretary ofLabor

United States Department ofLabor

CERTIFICATE OF CONFERENCE

I hereby cenify thatI have conferred in good faith with Respondent's counsel Charles H.

Morgan and Patrick J. Veters regarding Complainant's Motion/or Extension ofTime to Serve.

AlI.!'Wers and Objections to Respondent's First Interrogatories and First Requestfor Production

a/Documents. Mr. Veters has communicated that Respondents are opposed to the relief

requested herein.

I) t, l/1J1 AA ... J.en E. Mock 4

Senior Trial Attorney

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UN11'ED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

Complainant J

v.

IlVlPERIAL SUGAR COMPANY;

IMPERIALwSAVANNAH~ L.P.

Respondents.

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Docket No. 08-1104

RESPONDENT'S FIRST INTERROGATORIES TO COMPLAINANT

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

"lmperiar' and improperly captioned as 'IrImperial Sugar CompanyU) respectfully requests that

Complainant answer the following interrogatories separately. fully, in wl'iting, and under oath

within thirty-three (33) days ofthis request:

DEfi'INITIONS AND INSTRUCl'10NS

1.

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

reason 'the Complainant C8JU1ot answer any interrogatory or part thereofin 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 infonnation requested, provide the best

. approximation ofthe inlbnnation requested.

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2.

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

3.

The tenn ~-docluncnt" is used in its broadest sense to mean every intbnnation-containing

'thing, including copies and duplications, and funher inchlding, without limitationt emails,

correspondence) papers, records. computer printouts~ magnetic tapes, disks or other computerstored infonnation) audio tapes, videotapes, transcripts of audio k'lpes or videotapes, tl1m,

photographs, checks, bank statements, orders, contracts~ agreements, notes of telephone or olher

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

4.

The tenl) "identifyU or 'Ldescribe" or state the "identity of' means:

(a) as to a person, to slate the full name~ present business and haole addresses~

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

(b) as 10 a finl'l, pannership, corporation, or any other fonn of business entity, to state

the full nanle, addresst and telephone nun1bcr;

(c) as to a document J lO ~escribe the type of document (e.g., lener, stntenlent~

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 COlnpJainant's

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

it, and the particuJars ofits present location;

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Cd) as to any cOlnmunic~lion, to state the type of communication (e.g., oral, written,

computer, etc.), the date and substance ofsuch comnlunication, the identity of the participants,

and any docwnents 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 of the author(s) or

participant(s); the identity of each recipient oftile 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 of the document or information; and the specitic interrogatory or document

request to which each document or infomlation is responsive.

IN'"fEl{ROGATORIES

1.

Identify all ofC()mplainant's elnpJoyeest appointees, contractors, and consultants, wholn

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

Citations and Notifications ofPenalty 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 ofeach and every individual whom the COlnplainant 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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expected to testify, the information upon which the expen will base each opinion, and a

summary ofthe grounds.for each opinion.

3.

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

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

4.

Idenlifyall individLlals who participated in gathering the facts that relate to either the

Citations and Notifications ofPenalty issued by Complainant or to the Complaint.

5.

Identify all documents that you contend support the Citations and Notifications ofPenalty

issued by COlnplajnant or any allegation contained in the ConlpJaint.

Respectfully submitted, lhisU day ofNovember, 2008.

Charles H. Margan

charlie.n10rgan@alston.com

Matthew J. Gilligan

man~gilligan@a)ston.com

Jeremy D. Tucker

jeremy.tucker@a!ston.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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T-218 P.010!017 F-155

UNITED STATES OF AMERICA

OCCUPATIONAL SAFE"fY AND IffiALTH REVIEW COMMISSION

SECRETARY OF LABOR,

Complainant,

v.

IMPERIAL SUGAR COMPANY;

IMPERIAL-SAVANNAHJ L.P.

Respondents.

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)

)

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Docket No. 08.. 1104

CERTIFICATE OF SERVICE

This is to cenify that I have this date served a copy ofthe within and for~goillg

RESPONDENT'S FIRST TNPrERROGATOH.IES TO COtvIPLAfNANT by certified U.S. Mail,

return rcc~ipt requested with adequate postage affixed thereon, addressed us follows:

Sharon D. CalhoUDJ Esq.

Karen E. MockJ Esq.

Christopher D. Helms, Esq~

Oftice ofthe Solicitor

U.S. Department of Labor

61 Forsyth Street S.W.

RoOD17T10

Atlanta, Georgia 30303

This3it day ofNovember, 2008.

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UNrrED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

Complainant,

v,

IMPERIAL SUGAR COMPANY;

IMPERIAL-SAVANNAH, L.P.

Respondents.

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Docket No. 08..1104

RESPONDENT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

'''0 COMPLAINANT

Pursuant to 29 C.F.R. § 2200.53t Respondent Imperial..SaV2tllnah, L.P. (hereinafter

"Imperial" and improperly captioned as '~hnperial Sugar Company'J) respectfully requests that

ComplainanL produce and pennit Imperial IO inspect and copy the below designated dOCUlnents,

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

charge by mailing said copies and invoice to tllC undersigned at the offic~s of Alston & Bird LJ.~PJ

1201 West Peachtree Street, Atlant~ Georgia, 30309-3424, wilhin thirty-three (33) days of this

request:

DEFINITIONS AND INSTRUCTIONS

1.

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

to Complainant served concurrently herewith shaH have '£he same meaning herein as it does in

those interrogatories.

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EXHIBIT --_:-. --_ ..- _ .._-_.-~ r~ ..

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2.

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

COJnpla.inant.

3.

If Complainant withholds under a clainl ofprivilege 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 infonnation: the author; the name and job Litle

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 paragteaph ofthis request to which each docunlent or thing is responsive.

REQUESTS

I.

All docunlents relating to the inspection of Impel'ial's facilities located in Pon Wentworth,

Georgia (Inspection No. 310988712), which jnspection allegedly serves as lhe basis tor the

Citations and "NOlificalions ofPenalty issued herein. This requesl includes, but is not limited lOll

the following dOCLlnlents:

Ae All docwnents that memorialize '[he statements by witnesses ofalleged incidentslI

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 stat.elnellt;

B. All dOCUDlents that reflect the results of any tesl 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 statelnents taken

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

the above-referenced inspections or Citations and Notifications ofPenalty; and

D. l"'he investigative file(s) or inspection fi lees), and/or any documents relaled 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.

AU documents submitted to or received fraDl expen(s) who may be presented at the

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

making any judgment or decision or fornling any opinion or may rely in making any judglnent or

decision or famling any opinion and which pertain to teslimony the expen(s) may present at the

hearing ofthis n1aLter.

3.

All dOCUlllents that Complainant has been asked to identify in, has identitled in, or has

used in framing Complainant's responses 10 Respondents' First Interrogatories to Complainant,

which are served concurrently herewith.

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Respectfully submined. this day ofNovember, 2008.

harles H. Morgan

charlie.lnorgan@alston, om

Matthew J. Gilligan

man.gi1l1gan@alston.com

Jeremy D. "rucker

jeremy.tucker@a1ston.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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T-218 P.015/017 F-155

UNITED S'fATES OF AMERICA

OCCUPATIONAL SAFETY AN]) HEALTH REVIEW COMMISSION

SECRETARY OF LABORt

v,

IMPERIAL SUGAR COMPANY;

IMPERIAL-SAVANNAH~ L.P.

Respondents.

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)

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)

)

)

)

)

)

)

)

)

Docket No. 08-1104

CERTIFICATE OF SERVICE

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

RESPONDENT'S FIRS']"" fNTERRO(,ATORIES 'TO COMPLATNANT by certified U.S. MaU,

return receipt requested \vith adeqUtlLe postage affixed thereon, addressed as follows:

Sharon D. Calhoun, Esq.

Karen E, Mock, Esq.

Christopher D. Helms, Esq.

Office ofthe Solicitor

U.s. DepartJnent of LaboT

61 Forsyth Street S.W.

Room 7TIO

Atlanta, Georgia 30303

This 3.l day ofNovember, 2008.

LEOALOW10 JS'73:'h,2
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UNnEDSTATESOFAMEroCA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

ELAINE L. CHAO, Secretary ofLabor,

United States Depanment of Labor

Complainant.

v.

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

Respondents.

)

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OSHRC Docket No. 08-1 104

OSHA Inspection No. 310988712

ORDER

Complainant's MOlion 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 arid Respondents will not be prejudiced by the wanting ofthe

same.

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

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

ofDocuments in the above referenced maner 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 SE~VICE

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

Complainant's Motion/or Extension o/Time to Serve Answers and Objections to Respondent's

First Interrogatories and Firsl Requesl for Production ofDocuments and proposed Order were

served upon cOWlsel ofrecord for Respondents via facsimile and first class mail, addressed to:

Charles H. Morgan, Esq.

Alston & Bird, LLP

One Atlantic Center

.1201 W. Peachtree Street

Atlanta GA 30309-3424

~of1tavL Senior Trial Attorney

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FACSIMILE p , TRANSMITTAL

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T-2IB P.OOI/OI7 F-155

Office of the Solicitor

U. S. Department ofLabor

Atlanta Federal Center

61 Forsyth Street, S.W., Room 7TIO

Atlanta, GA 30303

(404) 302-5435

(Telefax: (404) 302-5438)

DATE; December 5. 2008

FROM: Karen E. Mock

SUBJECT; Secret&y ofLabor v. Imperial Sugar Company;

Imperial-Savannah. L.P.; OSHRC Docket No.

08·1104

NUMBER OF PAGES: JL (Including Cover Sheet)

PLEASE CALL OR HAND DELIVER THE FOLLOWING DOCUMENT

IMMEDIATELY TO:

NAME: Honorable Dennis L. Phillips

Review Commission Judge

AGENCYIROOM NO. OSHRQ; 1120 201h Street NW

TELEPHONE: Q02} 606-5405; FAX # (202) 60§-S409

COMMENTS:

Courtesy copy.

Original via US Mail.

IF THE PACKAGE RECEIVED IS INCOMPLETE OR ILLEGIBLE. PLEASE

CONTACf THE ABOVE SENDER IMMEDIATELY.

OONFIOENTIAI.rrv NOTlefi

11IiI FACS'MILli mm.miuion i. intendlld lOloly Car lhe '1M ofthc individool orcnlil)/ n.mad abaw .... "'MY _llIin inlOnnllian dill iI confidenlial.

prl.,Ucscd IIIIlI extl\lJll from dilGlosul'l under applicable law. Ir yOU aN not the inLl:ndcd recipient. you an: hGroby notified 1Il111 ill\)' dis;lolurc, copyi/lll.

dl,,"bulion or _ oru~ of dill Inl'onnotion CDlKIIincd bllltis ltallllmillalon illlrictl)' PROHIBITED. IF YOU HAVE ~EIVEO THIS

TRANSMISSION IN ERROR, PLSAS£ NOTIFY THI! !lENDER rMMEDIA'l'6LV.