July 26, 2000 In the Matter of a Mail Dispute Between STEVEN L. SHAW and PAULA SPARKUHL P.S. Docket No. MD 00-231 APPEARANCE FOR DISPUTANT Steven L. Shaw STEVEN L. SHAW: 5480 S. Valley View Blvd., Suite 120 Las Vegas, NV 89118-2448 APPEARANCE FOR DISPUTANT: Paula Sparkuhl PAULA SPARKUHL: 808 Trotter Circle Las Vegas, NV 89107-4501
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through May 4, 2000) ("POM")) Section 616.21, which requires the chief field counsel to forward certain mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Flower Factory, 5182 Arville Street, Las Vegas, NV 89118-1539.
Neither disputant filed a sworn statement in support of his/her position, as required by 39 C.F.R. §965.5, but Ms. Sparkuhl submitted a letter dated June 29, 2000. The following findings of fact are based on that letter and the material forwarded by the United States Postal Service, Denver Law Office, which included documents the parties submitted to the Las Vegas Postmaster.
FINDINGS OF FACT
1. Paula Sparkuhl is the president of Flower Factory, Inc., and through that company, she operated a silk flower and plant design company using the name Flower Factory at 5182 Arville Street, Las Vegas, in a building she owns.
2. In April 1999, Flower Factory, Inc., sold all of the assets used in the business to Steven Shaw and/or his company, Viva Imports LLC. Thereafter, Mr. Shaw operated the business as Flower Factory at 5182 Arville Street, leasing the premises from Ms. Sparkuhl.
3. At some point, disputes arose between Mr. Shaw and Ms. Sparkuhl, and they entered into a Settlement Agreement on March 29, 2000, which purported to resolve all issues between them. The agreement allowed Mr. Shaw to continue to use the 5182 Arville Street premises through May 2000.
4. Ms. Sparkuhl operates a silk flower and plant design business at 808 Trotter Circle in Las Vegas, using as one of her business names, Flower Factory.
5. Both parties have claimed the mail addressed to Flower Factory at 5182 Arville Street.
DECISION
Ms. Sparkuhl argues that the sale of assets to Mr. Shaw did not include sale of the business name, Flower Factory. However, it is apparent that he used that name at the disputed address for more than a year and was the last person to conduct business under the name Flower Factory at 5182 Arville Street. Therefore, even though he is no longer at the disputed address, it is likely that anyone sending mail to Flower Factory at that address intends that it be delivered to Mr. Shaw.
Ms. Sparkuhl conducts a business using the Flower Factory name, but at a different address. Mail addressed to Flower Factory at 808 Trotter would be delivered as she directs, but she has not established entitlement to the mail addressed to Flower Factory at 5182 Arville.
This decision deals only with delivery of the mail in dispute, not the ownership of the mail. Should Mr. Shaw receive mail intended for Ms. Sparkuhl or Flower Factory, Inc., he is responsible for forwarding such mail to the intended recipient. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such order. POM §616.3.
The attached delivery order should be issued.
Norman D. Menegat Administrative Judge
PROPOSED ORDER
TO THE POSTMASTER AT: LAS VEGAS, NV 89199-9998 RE: The Mail Dispute Between: STEVEN L. SHAW and PAULA SPARKUHL P. S. Docket No. MD 00-231
All mail currently being held, or hereafter received, addressed to:
Flower Factoryshall be delivered as directed by Steven L. Shaw.
5182 Arville Street
Las Vegas, NV 89118-1539
Judicial Officer
PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER