§ 1.735   Fee remittance; electronic filing; copies; service; separate filings
against multiple defendants.

   (a) Complaints may generally be brought against only one named carrier; such
   actions may not be brought against multiple defendants unless the defendant
   carriers are commonly owned or controlled, are alleged to have acted in
   concert, are alleged to be jointly liable to complainant, or the complaint
   concerns  common questions of law or fact. Complaints may, however, be
   consolidated by the Commission for disposition.

   (b) The complainant shall remit separately the correct fee either by check,
   wire transfer, or electronically, in accordance with part 1, subpart G (see
   § 1.1106 of this chapter) and, shall file an original copy of the complaint,
   using the Commission's Electronic Comment Filing System, and, on the same
   day:

   (1) If the complaint is filed against a carrier concerning matters within
   the responsibility of the International Bureau (see § 0.261 of this chapter),
   serve, by email, a copy on the Chief, Policy Division, International Bureau;
   and

   (2) If a complaint is addressed against multiple defendants, pay a separate
   fee, in accordance with part 1, subpart G (see § 1.1106), for each additional
   defendant.

   (c) The complainant shall serve the complaint by hand delivery on either the
   named  defendant or one of the named defendant's registered agents for
   service of process on the same date that the complaint is filed with the
   Commission in accordance with the requirements of paragraph (b) of this
   section.

   (d) Upon receipt of the complaint by the Commission, the Commission shall
   promptly send, by email, to each defendant named in the complaint, notice of
   the filing of the complaint. The Commission shall send, by email, to each
   defendant named in the complaint, a copy of the complaint. The Commission
   shall additionally send, by email, to all parties, a schedule detailing the
   date the answer and any other applicable pleading will be due and the date,
   time, and location of the initial status conference.

   (e) Parties shall provide hard copies of all submissions to staff in the
   Market Disputes Resolution Division of the Enforcement Bureau upon request.

   (f)  All subsequent pleadings and briefs filed in any formal complaint
   proceeding, as well as all letters, documents, or other written submissions,
   shall be filed using the Commission's Electronic Comment Filing System. In
   addition, all pleadings and briefs filed in any formal complaint proceeding,
   as well as all letters, documents, or other written submissions, shall be
   served by the filing party on the attorney of record for each party to the
   proceeding, or, where a party is not represented by an attorney, each party
   to the proceeding either by hand delivery, overnight delivery, or email,
   together with a proof of such service in accordance with the requirements of
   § 1.47(g). Service is deemed effective as follows:

   (1)  Service  by  hand delivery that is delivered to the office of the
   recipient by 5:30 p.m., local time of the recipient, on a business day will
   be deemed served that day. Service by hand delivery that is delivered to the
   office of the recipient after 5:30 p.m., local time of the recipient, on a
   business day will be deemed served on the following business day;

   (2) Service by overnight delivery will be deemed served the business day
   following the day it is accepted for overnight delivery by a reputable
   overnight delivery service; or

   (3)  Service  by  email that is fully transmitted to the office of the
   recipient by 5:30 p.m., local time of the recipient, on a business day will
   be deemed served that day. Service by email that is fully transmitted to the
   office of the recipient after 5:30 p.m., local time of the recipient, on a
   business day will be deemed served on the following business day.

   (g)  Supplemental complaint proceedings. Supplemental complaints filed
   pursuant to § 1.722 shall conform to the requirements set forth in this
   section, except that the complainant need not submit a filing fee, and the
   complainant may effect service pursuant to subsection (e) and (f) of this
   section rather than paragraph (c) of this section.

   [ 79 FR 73846 , Dec. 12, 2014]

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