Question about suing the USPS and help on reviewing a Summary Judgement Motion

[coolwhs]

I am considering suing the USPS for a blatant violation of a Domestic Mail Manual Rule and I'd like to have a lawyer review a motion for summary judgment before I submit it to verify my claims and do an error check, etc. Does anyone know of or have experience with a service that would review my motion, check out the laws cited, etc.? I've looked into the relevant statutes and everything sounds coherent and everything's in writing, but I'd like a lawyer to look it over to make sure I haven't forgotten anything. I've seen Hyatt Legal Services, but I don't think their services covers what I'm trying to do. I've looked online, but most places sound either geared toward representing someone in court (which I'd prefer not to do) or towards large companies, and not small projects. Any help would be appreciated. What is the name of your state (only U.S. law)? Indiana

 

[BOR]

You need to review legal procedures better. A Motion for SJ is a pleading AFTER the complaint itself is filed, under rule 56, IF warranted, AND must be based on specific law.

 

[coolwhs]

Correct, thanks for the super quick reply. Since it is the post office I wanted to focus on the summary judgment before I enter any action since all my evidence is in writing, and the Domestic Mail Manual is part of the Code of Federal Regulations. Essentially the USPS has misinterpreted its own manual and refuses to provide the service even though I am following the rule to the letter.

 

[tranquility]

Please review:

Dolan v. United States Postal Service, 546 U.S. 481 (2006)

 

[coolwhs]

Thanks for the quick replies. My claim asks that the Postal Service provide the service as described in the Domestic Mail Manual, and not any monetary compensation beyond court costs should I win, so it was my understanding that title 5 USC sections 701 - 706 should specifically exempt the USPS from claiming sovereign immunity.

 

[Zigner]

Thanks for the quick replies. My claim asks that the Postal Service provide the service as described in the Domestic Mail Manual, and not any monetary compensation beyond court costs should I win, so it was my understanding that title 5 USC sections 701 - 706 should specifically exempt the USPS from claiming sovereign immunity.

What service are they not providing you that you feel they must?

 

[tranquility]

Good luck in your struggle in trying to get a mandatory injunction or a writ of mandamus against the United States Postal Service.

Info edit:
While I think you're wasting your time, what you're looking for is a "limited engagement" with an attorney skilled in federal litigation.

Info edit edit:
While some of the standing issues probably won't affect you, the things you need to plead in the motion can be seen, in part, at:
http://www.humanesociety.org/assets/pdfs/litigation/uspsfederalopinion.pdf

 

[BOR]

Correct, thanks for the super quick reply. Since it is the post office I wanted to focus on the summary judgment before I enter any action since all my evidence is in writing, and the Domestic Mail Manual is part of the Code of Federal Regulations. Essentially the USPS has misinterpreted its own manual and refuses to provide the service even though I am following the rule to the letter.

You don't cocentrate on the SJ first, period.

What the Cause of Action seems to be is to obtain an Order for the USPS to follow the CFR, this would be by Declaratory Judgment/Injunctive relief, as Scire Facias and Mandamus have been abolished.

Have you even drawn up a Complaint. You need an attorney.

 

[justalayman]

so, what is the USPS refusing to do for you that has you so worked up?

 

[coolwhs]

Basically, a little over 1 year ago I discovered an obscure rule that my business and others could use to save money on shipping. When I first asked the USPS about the service, I received conflicting messages; one which said the rule is still in effect, but another indicating that the USPS won't follow the rule as written and stated an opinion that was materially different and doesn't cover what I'm trying to do. As a result of my first two letters, I have contacted the Postal Regulatory Commission, and have been waiting for a final decision from USPS HQ for the last 2 months. Since I've been waiting for so long, I thought I'd inquire about legal action etc. so that I can be prepared should it come to that. If this pans out, I can add this as a service to help my company, so I'd like to keep the exact details under wraps for now. I would like to thank everyone for their responses, there are some things I'll have to consider.

 

[justalayman]

it's mail service. keep it under wraps?


btw: you really might want to do a lot of reading about what services they must offer and what they have an option to offer.

since you are so tight lipped about it, nobody can really help you and since you are already talking about summary judgment, you really do need help.