[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Page 38929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13254]


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FEDERAL MARITIME COMMISSION

[Docket No. 05-04]


Marco Mendoza and Cynthia Mendoza, DBA C&M Precision Instrument 
v. Georgio Gori USA, Inc., and Phillip Zelinka; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Marco Mendoza and Cynthia 
Mendoza, dba C&M Precision Instrument (``Complainants'') against 
Georgio Gori USA, Inc., and Phillip Zelinka (``Respondents''). 
Complainants contend that Respondents violated section 10 of the 
Shipping Act of 1984, 46 U.S.C. app. 1709. Complainants claim that 
Respondents' conduct amounts to the use of unjust means to obtain ocean 
transportation at less then the rates or charges that would otherwise 
be applicable. Complainants seeks an order commanding Respondents to 
pay reparations in the amount of $60,741.00 with interest and 
attorney's fees or such other sum as the Commission may deem proper and 
such other order or orders as the Commission determines to be proper.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by June 28, 
2006 and the final decision of the Commission shall be issued by 
October 26, 2006.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 05-13254 Filed 7-5-05; 8:45 am]
BILLING CODE 6730-01-P