UNITED STATES OF AMERICA 

 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

SECRETARY OF LABOR, ) OSHRC DOCKET NO. 

) 

Complainant, ) 08-1104 

) 

v. ) REGION IV 

) 

IMPERIAL SUGAR COMPANY, ) 

IMPERIAL-SAVANNAH, L.P., ) 

) 

 Respondents. ) 

COMPLAINANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME 

IN WHICH TO RESPOND TO RESPONDENTS’ MOTION TO DISMISS AND 

MOTION FOR PARTIAL SUMMARY JUDGMENT 

Complainant, Secretary of Labor, hereby moves the Occupational Safety and 

Health Review Commission (“Commission”) for an extension of 20 calendar days until Friday, 

February 27, 2009, in which to respond to Respondents’ Motion to Dismiss and Motion for 

Partial Summary Judgment, which were filed on January 27, 2009. Counsel for Complainant 

conferred with counsel for Respondents regarding this request, and Respondents stated that they 

do not oppose this Motion. 

In its Motions, which are potentially dispositive of Citation 2, Items 4 through 15 

(12 “egregious” “willful” Citations), Citation 1, Item 5(b) (a “serious” Citation), and Citation 2, 

Item 2(a) (a “willful” Citation), Respondents raise various procedural and substantive issues, and 

Complainant anticipates requiring additional time to adequately respond to same. Complainant 

further notes that Respondents filed a Motion to Consolidate on January 26, 2009, to which 

Complainant will respond by Monday, February 9, 2009. 
2

Pursuant to Commission Rule 2200.40(c), Complainant’s responses to the 

Motions appear to be due within 10 working days, or by Tuesday, February 10, 2009. For all of 

the above reasons, Complainant herein requests that the Commission grant an extension through 

Friday, February 27, 2009, for Complainant to respond to Respondents’ Motion to Dismiss and 

Motion for Partial Summary Judgment, which would render the responses due approximately 30 

days from the date Respondents filed their Motions. As noted above, Complainant’s Motion is 

unopposed by Respondents. 

Respectfully submitted, this 29th day of January, 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 
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 the Complainant’s Unopposed 

Motion for Extension of Time in Which to Respond to Respondent’s Motion to Dismiss and 

Motion for Partial Summary Judgment was electronically served on January 29, 2009 on the 

following parties: 

Charles H. Morgan, Esq. 

Matthew J. Gilligan, Esq. 

Ashley D. Brightwell, Esq. 

Jeremy D. Tucker, Esq. 

Alston & Bird LLP 

1201 West Peachtree Street 

Atlanta, Georgia 30309-3424 

charlie.morgan@alston.com

matt.gilligan@alston.com

ashley.brightwell@alston.com

jeremy.tucker@alston.com

 /s/Karen E. Mock_________

KAREN E. MOCK 

 Senior Trial Attorney 

 Mock.karen@dol.gov

SOL Case No. 08-60093