Appeal of P.S. Docket No. MD-41 -- JAMES R. EITEL, MD and CATHERINE CUSIC, JARED SIMPSON

In the Matter of a Mail Dispute Between: JAMES R. EITEL, MD and CATHERINE CUSIC, JARED SIMPSON P.S. Docket No. MD-41 12/28/88 Grant, Quentin E., Chief Administrative Law Judge APPEARANCE FOR JAMES R. EITEL: Norton Tooby, Esq., Stephen D. Schear, Esq., East Oakland Community Law Office, 1411 Fruitvale Avenue, Oakland, CA 94601-2320 APPEARANCE FOR CATHERINE CUSIC AND JARED SIMPSON: None

INITIAL DECISION

This mail dispute was docketed pursuant to Domestic Mail Manual § 153.72 which requires regional counsel to forward unresolved mail disputes to this department for decision. The dispute involves the right to delivery of mail to P.O. Box 1004, Berkeley, CA 94701 and 2103 Woolsey Street, Berkeley, CA 94705. Disputant Eitel has filed the required submittal under the Rules of Practice. Disputant Simpson has filed no submittal and is in default. The file contains no certified mail receipt by Disputant Cusic for the Notice of Docketing and Submittal Due Date but does contain the envelope in which the assigning order was sent to her on the same date at the same address, returned to sender for failure to claim after two notices. Although it would not be appropriate under the circumstances to treat Disputant Cusic as in default, the urgency of resolution of the matter dictates rendering an initial decision without further delay.

FINDINGS OF FACT

1. The dispute involves mail addressed to the Nicaragua Information Center, an unincorporated nonprofit association of the State of California with business address at 2103 Woolsey Street, Berkeley, CA 94705. The addresses involved are the foregoing business address and P.O. Box 1004, Berkeley, CA 94701.

2. The current applications for P.O. Box 1004 (PS Form 1093), dated October 8, 1988, shows James R. Eitel as the applicant on behalf of the renter (boxholder), Nicaragua Information Center. It further designates James R. Eitel, Rick Lewis, and Kathy Dervin as persons authorized to accept mail addressed to that box.

3. Disputant Eitel is a doctor of medicine, president of Nicaragua Information Center, a member of its steering committee, and editor of its publication, Nicaraguan Perspectives. He is also the leaseholder of the association's business address, 2103 Woolsey Street, Berkeley, CA 94705.

4. Disputant Eitel is one of the owners of the name Nicaragua Information Center as shown on the current fictitious business name statement.

5. Disputants Cusic and Simpson are former employees or staff members, of the association, terminated by authorized actions of its steering committee in October 1988. They have failed to file any evidence supporting right to delivery of the association's mail. The file, in fact, contains no written assertion whatsoever by these disputants of a right to delivery of such mail. Apparently, they made an oral request to the postmaster that the mail not be delivered to Dr. Eitel and submitted certain ambiguous documentation in support of such request. This documentation fails to establish any right on the part of disputants Cusic and Simpson to delivery of the mail in question or to order its delivery.

CONCLUSION OF LAW

The documentation submitted by Disputant Eitel demonstrates that he is entitled to receive, or direct the delivery of, mail addressed to Nicaragua Information Center at 2103 Woolsey Street, Berkeley, CA 94705 and P.O. Box 1004, Berkeley, CA 94701.