December 17, 2001

In the Matter of a Mail Dispute

Between

 

MARSHA BURTON GORDON

and

SJW ENTERPRISES, LLC

SUSAN WAKINSHAW, PRESIDENT

P.S. Docket No.  MD 01-334

 

APPEARANCE FOR DISPUTANT  MARSHA BURTON GORDON:

Marsha Burton Gordon

7670 High Pine Road

Orlando, FL  32819-5165

 

APPEARANCE FOR DISPUTANT  SJW ENTERPRISES and SUSAN WAKINSHAW

David R. Lenox, Esq.

Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger

South Trust Bank Building, Suite 1100

135 West Central Boulevard

Orlando, FL  32801-2478

 

INITIAL DECISION (AMENDED)

            On December 11, 2001, one day after the Initial Decision was issued, Ms. Gordon filed a letter and some attached documents, in response to material submitted earlier by Mr. Lenox on behalf of SJW, LLC.  On review of the dates when various filings were received, I have determined that Ms. Gordon's December 11 submission was filed within the 10-day period allowed by the rules for reply comments, 39 C.F.R. §965.6.  Accordingly, I have reviewed the entire case file and considered Ms. Gordon's December 11 submission.[1]

            The Initial Decision is reaffirmed.  As stated therein, this decision deals only with delivery of the mail.  As is often the case, much of the dispute is over who is entitled to checks that may be contained in various pieces of mail.  However, for the reasons stated in the Initial Decision, SJW is entitled to delivery of the disputed mail.

            The time for filing an appeal under 39 C.F.R. §965.12 is extended to ten (10) days from receipt of this amended decision.


                                                                                    Bruce R. Houston

                                                                                    Chief Administrative Law Judge



     [1]  It is noted here that Mr. Lenox's December 3 supplemental submission on behalf of SJW, received here on December 6, was not found to be relevant and had no bearing on the Initial Decision.