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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9349-9350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02468]

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POSTAL REGULATORY COMMISSION

[Docket No. C2024-21; Presiding Officer's Ruling No. 3]

Complaint

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: This document provides the deadline date to file a notice of 
intervention and discusses aspects of the procedural schedule and case 
management procedures.

ADDRESSES: For additional information, Presiding Officer's Ruling No. 3 
can be accessed electronically through the Commission's website at 
https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION:

I. Procedural Schedule
II. Additional Case Management Procedures
III. Ruling

I. Procedural Schedule

    Intervention. The deadline to file a notice of intervention 
pursuant to 39 CFR 3010.142 is February 21, 2025.
    Discovery. At the prehearing video conference conducted on February 
4, 2025, the parties agreed to a discovery process based upon the date 
that the Commission issues an Order addressing the Postal Service's 
pending motion.\1\ The parties agreed to propound discovery 
independently upon each other. Information requests may be transmitted 
via email, with the Presiding Officer cc'ed, no later than 10 days 
after the date that the Commission issues an Order resolving the 
Motion.\2\ Information requests need not be filed on the Commission's 
public docket. Responses to information requests are due no later than 
21 days after submission to the other party. Responses to information 
requests will be transmitted via email, with the Presiding Officer 
cc'ed, by the date and time due. Responses to information requests need 
not be filed on the Commission's public docket. The Presiding Officer 
may also issue information requests. 39 CFR 3010.106(c)(3). The parties 
are advised, however, that the burden rests on the parties to request 
the evidence that they need to support their case.
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    \1\ United States Postal Service Motion for Clarification, 
February 3, 2025 (Motion).
    \2\ 39 CFR 3010.108 governs the computation of time in this 
proceeding.
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    Prehearing videoconference. A prehearing videoconference will be 
held shortly after the deadline for parties to respond to information 
requests. The Presiding Officer will issue a subsequent Presiding 
Officer Ruling scheduling the prehearing videoconference with a date 
certain as that deadline approaches. The videoconference will discuss 
procedures for the presentation of evidence and legal arguments, the 
need for any additional information requests, as well as the resolution 
of any pending discovery-related disputes. Additional prehearing 
conference may be scheduled as needed.
    Presentation of evidence. The issue of whether the hearing will 
involve the presentation of oral versus written testimony (including 
whether it may be appropriate to supplement written testimony with oral 
testimony for certain witnesses on particular issues in dispute) will 
be addressed more fully at next prehearing videoconference.
    Hearing. The date on which the hearing of evidence shall begin will 
be addressed at the next prehearing teleconference.

II. Additional Case Management Procedures

    Good faith effort to confer. A good faith effort to confer with the 
opposing party requires at least the placing of one telephone call or 
the transmittal of one email message to the opposing party or its 
counsel.
    Discovery motions. The parties must make a good faith effort to 
confer with the opposing party to attempt to resolve any discovery 
dispute before filing any motions related to discovery. The Presiding 
Officer will not entertain a motion to compel discovery, motion for 
sanctions, motion for protective order, or any other discovery motions 
until this good faith effort has been made. If this good faith effort 
is unsuccessful, the motion shall (1) state that a good faith effort 
has been made to resolve the dispute, (2) attach each disputed 
discovery request, answer, and objection (if applicable), (3) provide 
available dates and times for a hearing to be conducted by 
videoconference, and (4) concisely state the relief sought, the basis 
therefor, and the authority relied upon. Any party opposing the motion 
shall file a response no later than 7 days after the motion is filed. 
See 39 CFR 3010.160(b). No replies shall be permitted without the 
express authorization of the Presiding Officer. See 39 CFR 3010.160(c). 
Failure to file a timely response may result in the motion being deemed 
unopposed. The Presiding Officer may decide the dispute based on the 
motion and any response, set a hearing to be conducted by 
videoconference, or order further briefing.
    Extension of time or continuance. If either party seeks an 
extension of time or continuance, they must make a good faith effort to 
confer with the opposing party to determine a proposed mutually 
agreeable date before filing a motion. The motion must be filed before 
the specific deadline expires and shall state whether the other party 
opposes the motion. Extensions of time or continuances will only be 
granted for good cause shown.
    Waiver or modification. If either party seeks to waive or modify 
the terms of any Presiding Officer's Ruling, the party must make a good 
faith effort to confer

[[Page 9350]]

with the opposing party to determine a proposed mutually agreeable 
resolution before filing a motion. The Presiding Officer may waive or 
modify the terms of his order for good cause shown.
    Oral argument. If either party requests to present oral argument 
before the Presiding Officer relating to any motion or brief, the party 
shall include ``ORAL ARGUMENT REQUESTED'' in the caption or title on 
page 1 of the applicable motion, response, or brief.

III. Ruling

    1. The deadline to file a notice of intervention pursuant to 39 CFR 
3010.142 is February 21, 2025.
    2. The parties and counsel shall follow the procedural schedule and 
case management procedures established by this Presiding Officer's 
Ruling.
    3. The Secretary shall arrange for the publication of this ruling 
(or abstract thereof) in the Federal Register.

Erica A. Barker,
Secretary.
[FR Doc. 2025-02468 Filed 2-10-25; 8:45 am]
BILLING CODE 7710-FW-P
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