COMMONWEALTH OF PENNSYLVANIA et al v. DeJOY et al
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR CLARIFICATION/RECONSIDERATION 66 IS GRANTED IN PART. THE COURT HEREBY SCHEDULES A TELEPHONIC STATUS HEARING FOR DECEMBER 3, 2020 AT 1:30 PM. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/9/20. 10/9/20 ENTERED & E-MAILED.(fdc)
Case 2:20-cv-04096-GAM Document 70 Filed 10/09/20 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA,
IN HIS OFFICIAL CAPACITY AS
UNITED STATES POSTMASTER GENERAL,
CIVIL ACTION NO. 20-4096
ORDER GRANTING, IN PART, DEFENDANTS’ MOTION TO CLARIFY
This 9th day of October, 2020, it is hereby ORDERED that Defendants’ Motion for
Clarification/Reconsideration, (ECF No. 66) is GRANTED IN PART, as follows:
1. The supplemental orders of September 25, 2020 and September 29, 2020, entered by the
United States District Court for the Southern District of New York in Jones v. United States
Postal Service, No. 20 Civ. 6516 (S.D.N.Y. Sept. 29, 2020) are adopted and deemed
incorporated within this Court’s orders.
2. Paragraph 3 of this Court’s Order of September 28, 2020 (ECF No. 63), making reference to
the action pending in the Eastern District of Washington is hereby VACATED and
superseded by the specific provisions of this Order.
3. Paragraph 4 of this Court’s order of September 28, 2020 (ECF No. 63) is hereby
CLARIFIED as follows:
For the purposes of paragraphs 4b and 4c of this Court’s Order, Defendants shall be deemed
in compliance if they commit to and enforce the following:
Transportation, in the form of late and extra trips is authorized and shall be
used where reasonably necessary to meet service standards and service
performance targets. While the Postal Service is not required to delay a trip
when that delay will cause an overall degradation in service (e.g., a truck
should not be delayed to ensure timely delivery of a small amount of mail when
doing so would cause a larger amount of mail to be delayed) the Postal Service
shall use extra trips to minimize the effect of such delays and to meet service
commitments, except when not feasible. Managers shall use their best business
judgment to meet service commitments and to not leave mail behind.
Case 2:20-cv-04096-GAM Document 70 Filed 10/09/20 Page 2 of 3
Extra transportation resources are authorized and shall be used to ensure that
Election Mail reaches its intended destination in a timely manner. This
includes, but is not limited to, extra trips from all points of processing and
delivery (e.g., retail units and plants), as necessary to connect Election Mail to
its intended destination or the next stage in Postal Service processing. Late and
extra trips that would facilitate the on-time delivery of Election Mail are
authorized and encouraged—the Postal Service is committed to using such trips
to deliver Election Mail on time.
Extra delivery and collection trips are authorized and shall be used to ensure, to
the best of the Postal Service’s ability, that completed ballots entered on
Election Day reach the appropriate election official by the state’s designated
deadline. This includes, but is not limited to, early collections the week before
Election Day to ensure all collected ballots are processed timely, and delivery
of ballots found in collections on Election Day to election boards within states
requiring ballots to be returned by a designated time on Election Day.
The Postal Service shall make all reasonable efforts to ensure that all mail,
including Election Mail, committed for a particular day is delivered that day.
All requirements regarding carrier start and stop times should be consistent
with the Postal Service’s handbooks and manuals, all of which predate June
Defendants will ensure that all USPS employees, via their supervisors and managers, are
notified of the provisions of this Order and the Postal Service’s commitment to and
enforcement of them. To the extent that they conflict, the provisions of this Order shall
supersede any prior guidance, including Guidelines regarding transportation sent by
Robert Cintron to Area Vice Presidents and other agency representatives on July 11, 2020
and July 14, 2020.
For the purposes of paragraph 4.d., Defendants shall be deemed in compliance with the
Order (ECF No. 63) if they commit to and enforce the following:
The Postal Service will approve overtime, including penalty overtime, for
the purpose of meeting service standards and service performance targets.
Overtime, including penalty overtime, is authorized and shall be used to
support all additional resources necessary to ensure that Election Mail is
prioritized and delivered on time.
Defendants will ensure that all USPS employees, via their supervisors and managers,
are notified of these provisions and the Postal Service’s commitment to and
enforcement of them. These provisions shall supersede any prior guidance, to the
extent they conflict.
Case 2:20-cv-04096-GAM Document 70 Filed 10/09/20 Page 3 of 3
4. By October 16, 2020, Defendants shall provide Plaintiffs and this Court with an affidavit
detailing their efforts to notify all USPS employees, via their supervisors and managers, of
these provisions and the Postal Service’s commitment to and enforcement of them.
5. The Court hereby schedules a telephonic status hearing for December 3, 2020, at 1:30 p.m.
to review the operational effect of Defendants’ ongoing implementation of the Court’s Order
of September 28, 2020 (ECF No. 63).
/s/Gerald Austin McHugh_
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?