Complainant's Response Sample Clauses

Complainant's Response. If relief is acceptable, please sign below and date on the right within five (5) working days of receipt. Return this form to the Chief Human Resources Officer. If this form is not returned within five (5) days, the complaint is settled at this level.
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Complainant's Response. If relief is acceptable, please sign below and date on the right within five (5) working days of receipt. Return this form to the Chief Human Resources Officer. If this form is not returned within five (5) days, the complaint is settled at this level. Signature -OVER- MONTH DAY YEAR 3. STEP THREE: SUPERINTENDENT/DESIGNEE a. Complainant's Appeal Please initial here and date if a meeting with the Superintendent is requested. b. Superintendent/Designee's Meeting and Decision 1. Meeting date established within ten (10) days following the meeting with the Assistant Superintendent. Please enter date of meeting on the right. Decision is attached. Decision must be rendered within twenty-one (21) days following the meeting with the Assistant Superintendent. Please enter the date the decision is provided to the Complainant. This decision is final. Date: 3/6/20, REV.C HR-F603
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Complainant's Response. MSC, ZIM, COSCO, and Wan Hai (the “non-producing Respondents”) intentionally waited until 4:23 p.m. of the final day of document discovery to inform IMCC that they would not comply with the Presiding Officer’s Scheduling Order. Nothing in their Opposition to the Motion to Compel or this Cross-Motion to Amend the Scheduling Order says otherwise. Respondents are simply trying to avoid responsibility for their decision to not comply with the Amended Scheduling Order for strategic advantage. As explained below, the motor carriers’ productions contain data that are likely what Respondents seek (which in any event is irrelevant and/or not in dispute). IMCC does not oppose an extension because, as a result of Respondents’ conduct, it has no choice. However, IMCC respectfully requests that the Presiding Officer ensure that non-producing Respondents stand by their representations, and inform IMCC promptly in the event of a change in circumstances.1
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Complainant's Response. The Respondents must request an extension because of their decision to violate the Presiding Officer’s Amended Scheduling Order, not because of any supposed deficiencies in non-party document productions. Moreover, Respondents have known the non-parties’ positions on these issues for months. And as an initial matter, much of the information which Respondents claim was not produced is irrelevant. IMCC does not seek reparations—only injunctive relief—and so the precise amount of charges paid to Respondents or their designated IEPs for MH container movements is not in dispute, nor has Complainant ever contested that motor carriers may rebill such charges to their customers. Thus, Respondents’ misunderstandings as to the motor carrier productions should not delay the schedule. Regardless, even now, Respondents do not bring a motion to compel because they have not fully explored with third-party motor carriers ways of narrowing or resolving those disputes. Much of the data Respondents say they seek from motor carriers is likely already in the productions. And if any information is missing, the non-party motor carriers remain open to discussing production of additional documents, or negotiating stipulations. But first Respondents must explain why the voluminous data that has already been produced by the non- parties is insufficient. The schedule will depend on when Respondents MSC, ZIM,2 COSCO, and Wan Hai complete their productions. Respondents did not provide IMCC with any of the detailed reasons 2 ZIM made a substantial production on September 14, shortly after it filed its opposition to IMCC’s motion to compel. IMCC is reviewing that production. as to why the non-producing Respondents could not meet the deadline. The non-producing Respondents were undoubtedly aware of these issues long before 4:23 p.m. on the very last day of the document discovery period, the Friday before a holiday weekend, and could have explained before then the reasons for the delay. They never made any attempt to do so. Respondents only explained these reasons for the first time in the Respondents’ opposition brief. And presumably the non-producing Respondents should have been able to answer questions regarding the delays and timelines during the subsequent meet and confer. Yet they
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Complainant's Response. “Ability Tri-Modal” and “Trimodal” are the same motor carrier.
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Complainant's Response. Below-signed counsel does not represent Lightning Transportation. that their counsel committed to produce. (Raleigh Declaration, Exhibit 4) As noted above, this information is highly relevant to the veracity of specific allegations in the Complaint regarding the damages allegedly sustained by the IMCC Members, and the Respondents’ defenses.
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Complainant's Response. Respondents have been on notice for months on these issues, yet have not filed any motion to compel. Respondents’ argument that the schedule must now be amended to address them is pretext to cover up the non-producing Respondents’ failure to comply with the Presiding Officer’s schedule. Motor carriers that do not operate within the geographically relevant areas covered by the scope of discovery in this proceeding are not in possession, custody, or control of any documents responsive to the subpoenas. The motor carriers have a good-faith basis for this position, as the Presiding Officer has noted. See Order (June 9, 2021) at 2 (“nonparties served discovery exceeding the geographic scope of discovery directed to parties may have a basis to challenge that discovery” although the party may “take needed discovery at a later date”). Further, the motor carriers have given Respondents months of notice that they would limit discovery to the relevant geographic areas. First Joint Status Report (Mar. 1, 2021) at 1-2 (“the Parties have conferred and propose limiting certain categories of initial Party document discovery to the following geographic areas: the Ports of Long Beach and Los Angeles, the Port of Savannah, intermodal terminals in the Chicago area, and intermodal terminals in the Memphis area”). The Parties came to this agreement at the Presiding Officer’s suggestion. Order (Jan. 29, 2021) at 9 (“the parties are instructed to discuss whether . . . it would be helpful to initially limit discovery (for example, to a limited geographic area or time period . . . with additional discovery permitted if the [summary decision] motion is denied.”). The motor carriers have not wavered from this
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Complainant's Response. At that meet and confer, the non-producing Respondents had no explanation for why the productions would not be produced in compliance with the Amended Scheduling Order, and provided IMCC with no additional estimates as to when the productions might arrive. As noted above, the non-producing Respondents first notified Complainant of their reasons in in their opposition brief, seven days after the meet and confer. 12 Respondents intend to attempt in good faith to resolve the IMCC Members’ outstanding deficiencies with counsel for Complainant and the IMCC Members they represent. However, Respondents expressly reserve all rights and remedies with respect to the discovery responses of Complainant and the subpoenaed IMCC Members.
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Complainant's Response. IMCC does not oppose a schedule extension to rectify the non-Producing Respondents’ non-compliance with the Amended Scheduling Order. IMCC is moving forward diligently with depositions for the Respondents for which it has already received documents. = COZEN X’XXXXXX XXXXXXX & XXXXXX By:/s/ Xxxxxxxxxxx Xxxxxxx By:/s/ Xxxxxx Xxxxxxxxx Counsel for Respondents15 Counsel for Respondent Hapag-Xxxxx XX Xxxxx X. Xxxxx Xxxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxx Xxxxxxxxxxx Xxxxx Xxxxxxx Xxxxxxx 000 00xx Xxxxxx X.X., Xxxxx 0000 0000 00xx Xxxxxx X.X., Xxxxx #000 Xxxxxxxxxx, X.X. 00000 Washington, D.C. 00000 (000) 000-0000 (000) 000-0000 MANELLI XXXXXX PLLC XXXXXXXXXXX XXXXXX XXXXX & DE MAY, LLP 15 Other than Hapag-Xxxxx XX and Xxxx Xxxx Marine Transport Corporation, and as co-counsel for Evergreen Line Joint Service Agreement. By:/s/ Xxxxx X. Xxxx By:/s/ Xxxx X. Xxxxx Counsel for Respondent Xxxx Xxxx Co-Counsel for Evergreen Line Joint Marine Transport Corporation Service Agreement, FMC No. 011982 Xxxxx X. Xxxx Xxxx X. Xxxxx 0000 X Xxxxxx XX. 00 Xxxx Xxxxxx, Xxxxx 0000 Washington, D.C. 20006 White Plains, NY 10606 (000) 000-0000 (000) 000-0000 DATED: September 14, 2021 Dated: September 16, 2021 Respectfully submitted, /s/ Xxxxx Xxxxxx X. Xxxxxxx Xxxxxx Xxxxx X. Xxxxxx Xxxx X. Xxxxxxxxxx Xxxxxxx X. Xxxxxx X. Xxxxx Xxxx Osob X. Xxxxxxxx XXXXXXXXXXX XXXXXX LLP 0000 Xxxxxxxxxxxx Xxxxxx, XX Xxxxx 0000X Washington, DC 20004 Phone: 000-000-0000 xxxxxxx@xxxxxxxxxxxxxxxxx.xxx Xxxxxxx Xxxxxx American Trucking Associations, Inc. 000 X. Xxxxx Xx. Ste. 210 Arlington, VA 00000 (000) 000-0000 xxxxxxx@xxxxxxxx.xxx
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Related to Complainant's Response

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