Donna J. Hendley - Page 4




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                    5.  The main post office branch in Mesa, Arizona                  
               picks up mail from our contract postal unit twice a                    
               day.  Once at 2:15 p.m., and again at 4:30 p.m.  The                   
               4:30 p.m. pick-up is the last mail pick-up of the day.                 
               There is a visible sign on the wall in the back of the                 
               contract postal unit telling customers that the pick-up                
               times are at 2:15 p.m. and 4:30 p.m.                                   
                    6. Impressive Greetings is open for business until                
               5:00 p.m. Monday through Friday.                                       
                              *   *   *   *   *   *   *                               
                    8.  Our policy is to turn our hand-stamp postmark                 
               date to the next day at 4:30 p.m.  This way, any mail                  
               that goes out with the 4:30 p.m. mail has the current                  
               day’s postmark on it.  The mail that arrives after the                 
               main post office has done their pickup should have the                 
               following day’s postmark on it.  The changing of the                   
               postmark date stamp at this time is in conformity with                 
               the direction of the Mesa, Arizona, United States Post                 
               Office.  We are not supposed to predate or postdate                    
               mail.  The postmark should reflect the date that the                   
               mail will be picked up from our establishment by the                   
               Mesa, Arizona, United States Post Office.                              
          Mr. Noggle’s declaration includes a sample of the postmark used             
          by the postal contract unit at Impressive Greetings.  The sample            
          postmark matches the postmark on the envelope bearing the                   
          petition in this case.                                                      
               This matter was called for a second hearing at the Court's             
          motions session in Washington, D.C.  Counsel for respondent again           
          appeared and offered argument in support of respondent’s motion             
          to dismiss.  Although no appearance was entered by or on behalf             
          of petitioner at the hearing, petitioner again filed a written              
          statement with the Court pursuant to Rule 50(c).                            







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Last modified: May 25, 2011