LEGAL02/31171430v1

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 TO FILE REPLY BRIEFING

IN SUPPORT OF RESPONDENTS’ MOTION TO DISMISS AND

MOTION FOR PARTIAL SUMMARY JUDGMENT

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

Company and Imperial-Savannah, L.P. (collectively “Imperial”) hereby respectfully move the

Commission for leave to file reply briefing in support of Respondents’ Motion to Dismiss and

Motion for Partial Summary Judgment on or before Friday, March 6, 2009. In support of the

instant Motion, Respondents state as follows:

1. Respondents filed a Motion to Dismiss and Motion for Partial Summary

Judgment with the Commission on January 27, 2009.

2. Complainant’s Responses to Respondents’ Motion to Dismiss and Motion for

Partial Summary Judgment were originally due on or before February 10, 2009.

3. In lieu of the standard response deadline, Complainant moved for additional time,

seeking thirty (30) days to respond to Respondents’ Motions. Respondents did not oppose

Complainant’s motion for additional time to respond, and the Commission granted

Complainant’s motion.
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LEGAL02/31171430v1

4. Complainant’s Responses to Respondents’ Motion to Dismiss and Motion for

Summary Judgment are now due on or before Friday, February 27, 2009.

5. Given the importance of the legal issues presented in Respondents’ Motion to

Dismiss and Motion for Partial Summary Judgment, Respondents request an opportunity to file

Reply briefs in response to each of Complainant’s Responses, and intend to do so within five (5)

business days following the submission of Complainant’s Responses, on or before March 6,

2009. Each Reply brief shall not exceed five (5) pages.

6. Pursuant to 29 C.F.R. § 2200.40(a), counsel for Respondents consulted with

Complainant’s counsel regarding this Motion. Complainant’s counsel has indicated that

Complainant opposes Respondents’ request to file Reply briefs.

WHEREFORE, Respondents respectfully request that the Commission grant their Motion

to File Reply Briefing in Support of Respondents’ Motion to Dismiss and Motion for Partial

Summary Judgment on or before Friday, March 6, 2009.

Respectfully submitted this 26th day of February 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
LEGAL02/31171430v1

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 REPLY BRIEFING (Proposed)

For good cause shown, the Respondents’ Motion to File Reply Briefing in Support of

Respondents’ Motion to Dismiss and Motion for Partial Summary Judgment is hereby

GRANTED. The Respondents shall have until Friday, March 6, 2009, to file Reply briefs in

support of said Motions, with each Reply brief not to exceed five (5) pages.

SO ORDERED this ____ day of ___________________, 2009.

_________________________________

The Honorable Covette Rooney

U.S. OSHRC Judge
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LEGAL02/31171430v1

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 TO FILE REPLY BRIEFS IN SUPPORT OF RESPONDENTS’ MOTION TO

DISMISS AND MOTION FOR PARTIAL SUMMARY JUDGMENT and PROPOSED

ORDER were electronically served on February 26th, 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