In
the Matter of a Mail Dispute Between
MICHAEL
SHARPE, MD
and
ROMAN
ADLER, MD
P.S. Docket No. MD 05-200
APPEARANCE FOR DISPUTANT MICHAEL SHARPE, MD:
Michael Sharpe, MD
APPEARANCE FOR DISPUTANT ROMAN ADLER, MD:
Roman Adler, MD
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 Dooley House Pediatrics, at P.O. Box 497, Boaz, AL 35957-0497. The Boaz Postmaster is currently holding the mail.
Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, but Dr. Adler filed a letter. Dr. Sharpe filed nothing. The following findings of fact are based on Dr. Adler’s letter and the information forwarded by the United States Postal Service Law Department, Tampa Office.
FINDINGS
OF FACT
1. Dr. Adler rented P.O. Box 497 for Dooley House Pediatrics some years ago, but has since moved to Connecticut. He has continued to pay the rent for Box 497, however, and associates have continued to retrieve the mail from the box. (Postmaster email, attached to Law Department forwarding letter).
2. Dr. Adler’s business is known as Dooley House Pediatrics, P.C. Dr. Sharpe was formerly employed by Dooley House Pediatrics, P.C. Sometime after Dr. Adler’s departure from Boaz, Dr. Sharpe, or his associates, identifying themselves as Dooley House Pediatrics, LLC, asked that mail addressed to Box 497 be delivered to them. Dr. Adler opposed this and this mail dispute arose. (Adler letter; Postmaster email, attached to Law Department forwarding letter).
DECISION
All the communications between the parties and the post office were oral. Therefore, the only documents in this case file are a one-page email from the postmaster to the Law Department in Tampa, and Dr. Adler’s one-page letter to this office.
As Dr. Sharpe filed nothing to support his claim as required by 39 C.F.R. §965.5, he is in default. That alone is sufficient grounds for a ruling in favor of Dr. Adler. 39 C.F.R. §965.7. In addition, the uncontradicted evidence shows that Dr. Adler opened P.O. Box 497 for Dooley House Pediatrics as the owner of the business, and that Dr. Sharpe is a former employee. There is nothing to support Dr. Sharpe’s claim to the disputed mail.
This decision deals only with delivery of mail. It does not attempt to resolve any other disputes between the parties. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order. POM §616.3. If Dr. Adler receives any mail that is intended for Dr. Sharpe personally, it is his responsibility to forward that mail.
The Judicial Officer should issue an Order to the Boaz Postmaster directing that mail addressed to Dooley House Pediatrics, at P.O. Box 497, Boaz, AL 35957-0497 be delivered as directed by Dr. Roman Adler.
Bruce R. Houston