November 6, 2002
In the Matter of a Mail Dispute Between
STEPHEN J. PHILLIPS
and
DENNIS AND NANCY NORRIS
P.S. Docket No. MD 02-448
APPEARANCE FOR DISPUTANT STEPHEN J. PHILLIPS:
Stephen J. Phillips
3002 Memorial Parkway SW
Huntsville, AL 35801-5303
APPEARANCE FOR DISPUTANTS DENNIS AND NANCY NORRIS:
Dennis and Nancy Norris
1804 Gaslight Way NE
Huntsville, AL 35801-1554
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Redstone Auto Sales, Redstone Auto Sales, LLC, or Redstone Auto Sales, Inc., at 3002 Memorial Parkway SW, Huntsville, AL 35801-5303 and 7467 Highway 72 W, Madison, AL 35758-8261. The Huntsville and Madison Postmasters are currently holding the mail.
Nancy Norris filed an unsworn notarized statement on behalf of herself and Dennis Norris. Stephen Phillips filed an affidavit, in accordance with 39 C.F.R. §965.5. The following findings of fact are based on the material submitted by both parties and the material forwarded by the United States Postal Service Law Department, Memphis Office.
FINDINGS OF FACT
1. Prior to June 14, 2002, Dennis and Nancy Norris were the owners and operators of a used motor vehicle sales business known as Redstone Auto Sales, Inc., at 3002 Memorial Parkway SW, Huntsville, AL and 7467 Highway 72 W, Madison, AL. (Norris statement; Phillips affidavit; Agreement for Purchase, June 14, 2002).
2. On June 14, 2002, the Norrises entered into an agreement to sell the business to Redstone Auto Sales, LLC, a new company managed by Stephen J. Phillips. The three principals signed a document titled "Agreement for Purchase of Assets of Redstone Auto Sales, Inc." (Phillips affidavit; Agreement for Purchase).
3. Under the terms of the Agreement, the purchaser acquired all motor vehicle inventory, all equipment and other tangible property, right title and interest in leases at the two locations, and the right to the name "Redstone Auto Sales." (Agreement for Purchase, ¶1.1).
4. The Agreement stated that at the time of closing, June 14, 2002, Seller (Redstone Auto Sales, Inc.) would deliver to purchaser, "Duly executed Articles of Amendment to the Articles of Incorporation of Seller changing the name of Seller to Norris Enterprises, Inc." (Agreement for Purchase, ¶5.3.5).
5. During the negotiations prior to the sale, Mr. Van Staden, an associate of Mr. Phillips, agreed that mail pertaining to the winding down of the Norris's business could be delivered to the Norrises. This agreement was not made part of the Agreement for Purchase, or any other writing, and it is not clear how this was to be accomplished. Sometime after the sale was concluded, Mr. Van Staden told the Norrises that Mr. Phillips now wanted all Redstone mail delivered to him, but that the Norrises could come to his place of business and pick up mail intended for them. For reasons that are not clear in the record, this arrangement is not acceptable to the Norrises. (Norris statement).
6. Although there are no Mail Forwarding Change of Address Forms (PS Form 3575) in the case file, the two post offices report that they have conflicting delivery orders that generated this mail dispute. (Law Department forwarding letter and attachments).
DECISION
It is clear from the Agreement to Purchase, as well as from Ms. Norris's letters, that Mr. Phillips is the owner and operator of Redstone Auto Sales. As such, he is entitled to mail addressed to that business, and there is no reason to distinguish between mail that contains "Inc.," "LLC," or neither, in the address. The Norrises do not argue that they are entitled to all mail addressed to their former corporation, Redstone Auto Sales, Inc. Their claim is to the contents of some pieces of mail.
This decision deals only with delivery of mail. It does not determine ownership of the contents of the mail, nor does it attempt to resolve any underlying dispute between the parties. The Norris's complaint is not with the Postal Service's mail delivery rules, it is with Mr. Phillips' failure to make some specific pieces of mail to which they may be entitled available to them. If Mr. Phillips receives any mail that is intended for Dennis or Nancy Norris, he is obligated to forward that mail to them.
The Judicial Officer should issue an order to the Huntsville and Madison Postmasters that mail addressed to Redstone Auto Sales, Redstone Auto Sales, LLC, or Redstone Auto Sales, Inc., at 3002 Memorial Parkway SW, Huntsville, AL 35801-5303 and 7467 Highway 72 W, Madison, AL 35758-8261 be delivered as directed by Stephen J. Phillips.
Bruce R. Houston