PRESIDING
OFFIcIER'S
RULING NO. MC96-3/13
RE_fjWVED
SEP \g
4 3k "
'%
UNITED
STATES
OF AMERICA
POSTAL RATE COMMISSION
WASHINGTON,
D.C.
20268-0001
Special
Services
Fees
and
Classifications
Docket
No.
MC96-3
PRESIDING
OFFICER'S
RULING GRANTING IN PAR
NASHUA ET AL. MOTION FOR EXTENSION OF TIM
(September
On September
and
Seattle
September
their
motion,
requests
to
prepare
their
responses
the
25,
1996,
to
they
argue
:Postal
direct
the
Postal
discovery,
of
the
to
Nashua
("Nashua
extension
from
the
1996,
FilmWorks
three-week
to
12,
al.")
for
Inc.,
filed
filing
Mystic
Color
a motion
for
their
direct
16,
1996.l
As
that
they
have
issued
timely
Service
for
but
they
of
extensive
its
information
that
majority
Service's
as
Photo
et
time
1996)
October
case,
large
as well
19,
their
and
grounds
practice
unresponsive
for
discovery
to
without
discovery
motion
tardy
still
a
case,
necessary
are
Lab,
requests,
due
resisting
an:awers
to
their
interrogatories.
Nashua
granted
their
1
Inc.
Filed
et
Nashua
Motion
to
("Motion")
al.
motion
Photo
Enlarge
notes
that
to
have
Inc.,
the
several
their
Mystic
Color
Time Within
days
Business
Lab,
Which
after
Reply
the
Commission
Mail
and Seattle
FilmWorks
Direct
Testimony
Must
be
Docket
No.
MC96-3
classification
proposal
three
sets
of
filing
of
their
a small
and
Nashua
of
case
digest
the
al.
Postal
is
conducting
et
reconsider
a:L.
delayed
the
offering
new
discovery
Nashua
gro,unds
its
et
al.
responded
to
initially
due,
they
digest
the
to
argue
but
its
their
for
are
have
the
order
by
to
two
two
days
due,
responses,
most
of
the~ir
23,
days
are
1396,
et
al.
before
not
issue
the
their
enough
appropriate
information
been
into
filing
send
six
has
this
was
the
in
a moti.on
and
if
had
diligent
Service
Postal
interrogatories
have
to
inadequate,
Nashua
expanding
reconsider
that
remaining
are
only
Postal
reconsideration,
contend
only
1-2.
responses,
to
of
(N/M-USPS7,
Septembe~r
incorporate
they
that
motion
would
that
time
(N/M-USPS-66-
until
is
filed
responded
practice.*
that
that
had
at
responses
due
1996,
at
that
responses
motion
contend
Commission's
while
5.
not
Motion
discovery,
unreasonably
are
and
they
interrogatories
that
23,
They
observe
those
out
Service
docket,
65 interrogatories
even
responses
case.
Nashua
2
point
this
Service
follow-up
interrogatories
direct
days,
that
September
due.
Postal
first
issue
discovery
follow-up
.-
to
that
direct
3,
their
interrogatories
emphasizes
in
They
the
asserts
et
a result
their
of
them
remaining
as
Motion,
and
requiring
considered
interrogatories.
minority
28-36)
72)
- 2.
docket
by
not
appropriate
without
answering
Id.
pending.
Service
when
weeks,
to
rather
at
had
responses
than
were
two
follow-up
rejected
the Postal
on September
10, 1996, the Commission
Service's
motion
to reconsider
its
decision
to include
the Nashua
The following
day, the
proposal
in this
docket.
Order No. 1132.
Presiding
Officer
required
Postal
Service
responses
to Nashua et al.'s
P.O. Ruling
pending
discovery
requests
by September
23, 1996.
MC96-3/10.
to
Docket
No.
MC96-3
- 3 -
interrogatories,
direct
and
case.
to
request
at
5-6.
They
in
Nashua
delay
the
that
of
of
al.
assert
Service
and
part
the
of
the
discovery
deadline
(for
deadlines,
could
require
the
their
to
Nashua
Photo
Motion
for
Enlarge
the
On September
18,
1996,
al.'s
to
expedite.
file
responses
It
interrogatories.
also
file
explain
its
that
3
the
further
opposition
because
the
to
of
the
their
1996
and
the
of
that
on
Pending
al.'s
of
that
Inc.
to
et
to
Be Filed.3
Nashua
September
Motion,
its
to
case.
Motion
Must
Nashua
on
1996
FilmWorks,
responded
that
to
18,
direct
Seattle
on
majority
substance
30,
September
Service
et
extension
a motion
Testimony
Nashua
extend
procedural
filed
Ruling
states
to
al.
and
states
to
6.
for
Direct
Postal
It
cross
by
Lab,
and
Which
oral
at
to
not
leave
1996)
a modest
October
Id.
et
would
25,
the
subsequent
respond
Color
this
with
Id.
should
need
all
deadline
Response
Within
will
to
Mystic
time
of
Nashua
the
the
it
and
1996,
extend
Even
amount
experienced.
potential
contend,
be met.
Expedited
(until
as well.
Service
Inc.,
motion
October
witnesses),
Postal
motion
days
the
extension
extension
nine
they
17,
have
a three-week
recognize
still
they
their
a modest
that
schedule
On September
that
is
acknowledge
indicating
of
delay
weeks
into
They
period,
availability
information
three
that
only
discovery,
the
that
the
proceeding.
Postal
conduct
suggest
light
et
this
incorporate
23,
et
1996,
al.'s
date
it
and
will
will
interrogatory
Since their
motion
for an expedited
response
was filed
one day
notice
of the relief
requested
before
the requested
response
deadline,
and the motion
will
be denied.
is inadequate,
/--
Docket
No.
MC96-3
responses,
Nashua
there
et
of
Response
Direct
The
next
response
the
to
ruling
on
September
ruling
is
their
their
23,
would
be
issued
Nashua
due.
to
the
Photo
Service's
Opposition
to
Motion
To Enlarge
On Pending
Testimony
also
Must
Be Filed,
criticizes
in
summary
of
its
to
extend
the
its
September
the
date
Color
File
Nashua
18,
1'396.
Post.al
Service's
'out
until
their
and
Reply
Responsie
Which
at
et
direct
and
Postal
Ruling
et
al.
indicate,
that
will
to
Nashua
to
discovery
case
Direct
2.
contending
the
direct
Reply
al.'s'
if
opposition,
Seattle
Within
that
after
and
failing
of
September
Lab,
for
to
Within
Expedited
for
Photo,
Time
time
Service
case.
the
its
1996
al.'s
Expedited
pointed
19,
reasons
for
deferred
same
Time
Nashua
the
September
23 responses
due
the
For
The
Postal
fashion,
to
et
to
direct
Enlarge
files
to
Motion
to
They
Mystic
Leave
their
filed
were
at
for
to
answer
Nashua
Motion
expedite.
almost
its
Service
replied
Service
Inc.,
Motion
al.
Postal
Inc.
for
Motion
Motion
FilmWorks
date
Be Filed,
initial
when
grant
FilmWorks
et
motion
expedite
to
Postal
Must
Nashua
day,
due
Pending
Testimony
or
the
Seattle
on
to
extend,
States
and
Ruling
either
extend
United
Lab,
and
to
to
the
Color
no need
motion
motion
Response
Which
is
al.'s
underlying
Mystic
-4
the
obviate
even
substance
an.{
case.
need
Id.
at
2-3.
Nashua
on
case
the
their
on
large
regardless
has
been
et
al.
motion
to
is
extend.
September
25,
majority
of
on the
diligent
warranted
two
their
discovery
pursuing
requesting
Requiring
1996,
substance
in
in
of
days
those
discovery.
them
after
an expedited
to
file
their
receiving
requests,
responses.
In
ruling
direct
responses
is
unreasonable
Nashua
contrast,
et
the
al.
Postal
to
Docket
NO.
Service
MC96-3
has
discovery,
and
consistently
raised
filed
to
procedural
al.
responses
deadline
al.
on
al.'s
weakly
to
supported,
recycled
arguments
Because
that
to
our
to
point
available
that
use
a modest
al.'s
23,
period
for
direct
weeks,
in
most
et
is
direct
of
I will
October
9,
demonstrates
responses
1996,
the
although
case,
al.
to
of
their
extension
until
discovery
contract
case.
extended
Nashua
et
that
the
the
grant
the
1996,
to
that
that
warranted,
the
period
Whether,
and
as well
al.'s
the
is
direct
the
they
Nashua
proposal
Postal
seek
may
the
extent
is
the
al.'s
they
discovery
to
filed.
which,
It
procedural
direct
have
on
best
a matter
of
et
that
for
case
remainder
if
narrow
this
I
the
spectial
Accordingly,
Nashua
the
intact,
the
in
to
available
et
be
be maintained
described
Service's
discovery
object
If
direct
should
to
Postal
two
will
however,
subject
responding
extension.
plausible,
period
were
extended.
September
after
confined
to
to
extension
period
is
case.
determined
can
date
additional
et
be
an additional
files
This
that
in
that
effective
Nashua
direct
a modest
r-.
due
follow-up
Service
the
not
filing
substantial
Nashua
often
contracted
intends
for
their
been
will
the
et
the
has
Service
file
accommodate
sought
unless
Nashua
that
reconsideration
requests,
et
Postal
for
extensions
made.
Largely
case
requested
objections
motions
previously
Nashua
- 5 -
case
is
schedule
is
previously
docket.
am granting
Rules
a motion
by
Nashua
allow
for
the
Postal
et
al.'s
answering
Service
Motion
motions,
for
before
the
my ruling
reconsideration.
is
.-
Docket
No.
MC96-3
- 6
RULING
The
1.
Nashua
Photo
FilmWorks
Inc.
Motion
Testimony
Must
Be Filed,
the
extent
their
that
direct
FilmWorks
Pending
Must
they
case
The
2.
in
Nashua
Inc.
to
filed
The
Nashua
Inc.
Opposition
to
Motion
to
Filed,
filed
Motion
on
the
filed
have
this
docket.
Mystic
Expedited
September
Mystic
Leave
to
19,
1996,
is
1996,
and
Ruling
1996,
Inc.,
9,
Direct
Response
17,
Within
1996,
Which
and
September
Time
12,
Seattle
Lab,
Within
Expedited
Within
and
Color
Time
for
Lab,
October
the
for
the
Time
until
Inc.,
for
Color
September
will
Photo
Motion
Enlarge
Enlarge
Enlarge
Be Filed,
FilmWorks
Mystic
Photo
Motion
Motion
3.
to
Inc.,
Which
is
Reply
Response
Which
is
Lab,
and
to
Postal
and
Direct
Ruling
Testimony
granted.
tie&<
H. Edward
Presiding
to
to
file
Seattle
on
Testimony
denied.
Color
File
Direc!t
granted
Quick,
Officer
Jr.
Seattle
Service's
on
Pending
Must
Be