July 27, 2006

In the Matter of a Mail Dispute Between

AMADOR E. REYNA

and

EDGAR ENGLISH

P.S. Docket No. MD 06-93

APPEARANCE FOR DISPUTANT AMADOR E. REYNA:

Alisa L. Barrera, Esq.

Buenisimo Documents, LLC

APPEARANCE FOR DISPUTANT EDGAR ENGLISH:

Edgar English

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 Complete Records Management, CRM of Rosenberg, and C.R.M., at 1116 Radio Lane, Ste 210, Rosenberg, TX 77471-3953. The Rosenberg Postmaster is currently holding the mail.

Neither party filed the sworn written statement required by the Rules of Practice, 39 C.F.R. §965.5, or any other information not already submitted to the postmaster. The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Southwest Office.

FINDINGS OF FACT

1. At some time in the past, Edgar English owned a business called Complete Records Management, Inc. That corporation’s charter was forfeited by the State of Texas in August 2000. (Barrera/Reyna April 4, 2006 letter to postmaster; Texas Comptroller letter attached).

2. On August 6, 2001, Linda Tate filed a Certificate of Ownership with the County Clerk of Fort Bend County, Texas, to do business under the name CRM of Rosenberg. The business was known to its customers as C.R.M. and the original address was 117 Lane Drive #22, Rosenberg, TX 77471. (Barrera/Reyna April 4, 2006 letter to postmaster; certificate attached).

3. On July 7, 2005, Buenisimo Documents, L.L.C. was incorporated in Texas. Ms. Reyna is president. Also on July 7, 2005, Buenisimo Documents, L.L.C. purchased C.R.M. from Ms. Tate. (Barrera/Reyna April 4, 2006 letter to postmaster; agreement attached).

4. On July 14, 2005, Ms. Reyna, as tenant, leased the property at 1116 Radio Lane, Ste 210, Rosenberg, TX 77471. (Barrera/Reyna April 4, 2006 letter to postmaster; portion of lease attached).

5. On February 6, 2006, Mr. English filed with the State of Texas, an assumed name certificate to do business as Complete Records Management of Ft. Bend County. (Document attached to Barrera/Reyna April 4, 2006 letter).

6. On March 3, 2006, a Texas State official signed a document stating that Complete Records Management, Inc., was eligible for reinstatement as a Texas corporation. Mr. English filed an application for reinstatement and, on March 6, 2006, the corporation was reinstated. (Documents attached to English undated letter to postmaster).

7. On April 5, 2006, Mr. English filed Assumed Name Certificates with the state, to do business as C.R.M. and CRM of Rosenberg, both at 1116 Radio Lane, Ste 210. (Documents attached to English undated letter to postmaster).

8. Sometime in March 2006, Mr. English submitted change of address orders to the Rosenberg Post Office, directing that mail addressed to Complete Records Management, CRM of Rosenberg, and C.R.M., all at 1116 Radio Lane, Ste 210, Rosenberg, TX 77471, be forwarded to 24606 Tokatee Court, Katy, TX 77494. He stated that he was the owner of Complete Records Management, Inc. Ms. Reyna protested and this mail dispute arose.

DECISION

Ms. Reyna claims that Mr. English was only an employee of Buenisimo Documents, L.L.C., and no longer has any ownership of the business. She also claims that Mr. English’s creation of the new d/b/a’s was a “sham” to enable him to cash checks belonging to Buenisimo.

Mr. English claims that he is still the owner of Complete Records Management, Inc., as well as the business names, C.R.M. and CRM of Rosenberg.

Because of the paucity of useful information in this case file, we have had to make some assumptions. We assume that Linda Tate is, or was, associated with Ms. Reyna, and we assume that Ms. Tate and/or Ms. Reyna continued to operate a business at 1116 Radio Lane after Mr. English’s company ceased doing business in 2000 or 2001.

A general principle in resolving mail disputes is that mail should be delivered as intended by the senders. Because Ms. Reyna has been operating a business using the names C.R.M. and CRM of Rosenberg at 1116 Radio Lane in the recent past, it is likely that mail addressed to those names is intended for her. However, the name Complete Records Management, Inc., appears to belong only to Mr. English. Ms. Reyna says as much in her April 4, 2006 letter to the postmaster. She states that she is submitting documentation “verifying the ownership of CRM of Rosenberg and C.R.M.” She also states that Mr. English “is only Complete Records Management, Inc. and CRM of Fort Bend County.” Mail addressed to Complete Records Management, Inc., therefore, should be delivered to Mr. English.

This decision deals only with delivery of the mail. It does not determine ownership of the contents of the mail and does not attempt to resolve underlying financial disputes, or any other disputes between the parties. If either party receives mail that is intended for the other, it is their responsibility to forward that mail. 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.

The Judicial Officer should issue an Order to the Rosenberg Postmaster that the mail addressed to CRM of Rosenberg, or C.R.M., at 1116 Radio Lane, Ste 210, Rosenberg, TX 77471-3953 should be delivered as addressed, and that mail addressed to Complete Records Management, or Complete Records Management, Inc., at 1116 Radio Lane, Ste 210, Rosenberg, TX 77471-3953 should be delivered as directed by Edgar English.

Bruce R. Houston

Chief Administrative Law Judge