U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION R 

OFFICE OF HEARINGS E c F= I v ED 

) 

FEDERALAVIATION ) 

ADMINISTRATION ) 

) 

Complainant, ) 

) 

) 

v. ) 

) 

UNITED PARCEL SERVICE CO. ) 

) 

Respondent. ) ______________________ ) 

) 

FEDERALAVIATION ) 

ADMINISTRATION ) 

) 

Complainant, ) 

) 

) 

v. ) 

) 

UNITED PARCEL SERVICE COMPANY, ) 

) 

Respondent. ) ________________________ ) 

) 

FEDERALAVIATION ) 

ADMINISTRATION ) 

) 

Complainant, ) 

) 

) 

v. ) 

) 

UNITED PARCEL SERVICE COMPANY,) 

) 

Respondent. ) 

________________________ ) 

APR 0 1 2016 

HEARING DOCKET 

Docket No. FAA-2016-4261 

ALJ J.E. Sullivan 

Docket No. F AA-2016-4262 

ALJ J.E. Sullivan 

Docket No. F AA-2015-3320 

ALJ J .E. Sullivan 

MOTION TO CONSOLIDATE PROCEEDINGS AND 

REQUEST FOR ALTERNATE HEARING VENUE 
Pursuant to 14 C.F.R. §§ 13.205(a), 13.218(a), 13.22l(b) and 5 U.S.C. § 556(c), United 

Parcel Service Co., a Delaware corporation ("UPS Airlines") and United Parcel Service, Inc., an 

Ohio corporation ("UPS Ground") hereby respectfully request that the following proceedings be 

consolidated for pre-hearing and hearing purposes: 

Dkt. No. FAA-2016-4261 (Case No. 2013S0700189); 

Dkt. No. FAA-2016-4262 (Case No. 2012S0700099); and 

Dkt. No. FAA-2015-3320 (Case No. 2012S0700374). 

UPS Airlines and UPS Ground also respectfully request that the hearing in these matters be held 

in Louisville, Kentucky. In support of this motion, UPS Airlines and UPS Ground show as 

follows: 

1. Complainant, Federal Aviation Administration, filed its Complaints in FAA Docket 

2016-4261, 2016-4262, and 2015-3320 on March 3, 2016, March 9, 2016, and March 9, 2016, 

respectively. Each of these proceedings has been assigned to ALJ Sullivan. 

2. These proceedings involve essentially the same fact pattern: UPS Ground's 

transportation of hazardous materials packages to UPS Ground's sort facility in Louisville, 

Kentucky, where UPS Ground employees discovered that the packages were leaking and 

removed them from further transportation according to UPS Ground policy. 

3. These proceedings implicate the identical legal issue: whether UPS Ground and/or 

UPS Airlines violated the HMRs by "offering" or "accepting" these packages under the 

circumstances. 

4. Judicial economy will be served by the consolidation of these cases for several 

reasons. The proceedings share the same dispositive legal issue and the witnesses and exhibits 

used in each of the cases are anticipated to be substantially the same. Each matter involves the 

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same package handling procedures, has similar facts, alleges violations of the same regulations, 

and the same or similar defenses will apply in all three cases. 

5. Consolidating these proceedings will therefore expedite the hearing and aid in the 

disposition of issues raised therein because (i) motions will be filed, heard, and decided once, 

instead of three times; (ii) discovery, if any, will be served in only one proceeding for use in all 

proceedings; (iii) depositions, if any, will be taken only once for use in all proceedings; and (iv) 

one hearing may be conducted, instead of three. 

6. Each of the three cases is in its initial stage, where it would be most convenient to 

consolidate them. In separate instruments, UPS Airlines and UPS Ground have moved to extend 

time to respond to the FAA's Complaint in each case to 20 days following the date upon which 

this motion to consolidate will either be granted or denied. This slight delay is appropriate, and 

will ultimately further judicial efficiency should this motion to consolidate be granted. The FAA 

has informed counsel for UPS Ground that it will not oppose the requested extension of time in 

each of the cases. 

7. Both UPS Airlines and UPS Ground support consolidation and agree that neither 

would be unfairly prejudiced by consolidation. 

8. Counsel for UPS Ground contacted Mr. Gerald Ellis, FAA Southern Region 

Managing Attorney, regarding the agency's consent to this request for consolidation. The FAA 

advised that it was not yet in a position to consent to consolidation at the present time. 

9. In addition, UPS Airlines and UPS Ground respectfully request that the consolidated 

hearing of the three cases be held in Louisville, Kentucky, instead of Atlanta as requested by the 

FAA. 

10. According to 14 C.F.R. § 13.22l(b), in setting the location of the hearing the 

administrative law judge shall consider the need for discovery and "give due regard to the 

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convenience of the parties, the location where the majority of the witnesses reside or work, and 

whether the location is served by a scheduled air carrier." The alleged violations in each of the 

three cases occurred at UPS Ground's sort facility in Louisville, Kentucky. UPS Airlines is 

based in Louisville, Kentucky, where the majority of witnesses and documents are located. 

Louisville is also convenient for UPS Ground. 

11. Consolidating these matters in Louisville, Kentucky will therefore further the 

efficient conduct of justice and will not unduly delay the proceedings. 

For the foregoing reasons, UPS Airlines and UPS Ground respectfully request that the 

three above-referenced proceedings be consolidated for pre-hearing and hearing purposes and 

further that the hearing in these proceedings be held in Louisville, Kentucky. 

DATED: April!, 2016 Respectfully submitted, 

CROWELL & MORING LLP 

1001 Pennsylvania Ave., NW 

Washington DC 20004-2595 

palp@crowell.com 

202-624-2747 

202-628-5116 (Fax) 

and 

FROST BROWN TODD LLC 

Winston E. Miller 

wmiller@fbtlaw.com 

Miles R. Harrison 

mharrison@fblaw.com 

400 W. Market Street, 3211d Fl. 

Louisville, KY 40202 

502-589-5400 (Main) 

502-568-0296 (Direct) 

502-581-1087 (Fax) 

Counsel for United Parcel Service Co. 

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and 

1201 W. Peachtree Street 

Atlanta, Georgia 30309-3424 

404.881.7245 (direct) 

404.253.8510 (direct fax) 

Counsel for United Parcel Service, Inc. 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that true and correct copies of the foregoing were served 

by hand delivery or UPS Next Day Air®, as indicated below, this lst day of April, 2016, to the 

following: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Administrative Law Judge J. E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

James H. Dunfee Jr. 

Attorney 

Federal Aviation Administration 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 3033 7 

Ryan Landers 

Attorney 

Federal Aviation Administration 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

Andrea Michelle Harper 

Senior Attorney 

Federal Aviation Administration 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

DATED: April1,2016 

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(original + 1 copy in each case) (via hand 

delivery) 

(via hand delivery) 

(via UPS Next Day Air)