U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

# R OFFICE OF HEARINGS 

# E

# cF=I 

# vED ) 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 12016 

## HEARING DOCKET

DocketNo. FAA-2016-4261 ALJ J.E. Sullivan

DocketNo. FAA-2016-4262 ALJ J.E. Sullivan

DocketNo. FAA-2015-3320 ALJ J.E. Sullivan

MOTION TO CONSOLIDATE PROCEEDINGS AND

REQUEST FORALTERNATE HEARING VENUEPursuantto 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 thatthe hearing in these matters be held in Louisville, Kentucky. In support ofthis motion, UPS Airlines and UPS Ground show as follows:1. Complainant, Federal Aviation Administration, filed its Complaints inFAA Docket 2016-4261, 2016-4262, and 2015-3320 onMarch 3, 2016, March 9, 2016, and March 9, 2016, respectively. Each ofthese proceedings has been assigned to ALJ Sullivan. 2. These proceedings involve essentiallythe same fact pattern: UPS Ground's transportation ofhazardous 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 Groundpolicy. 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 servedbythe consolidation ofthese cases for several
reasons. The proceedings share the same dispositive legal issue and the witnesses and exhibits used in each ofthe cases are anticipated to be substantially the same. Each matter involves the

2same package handling procedures, has similar facts, alleges violations ofthe 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 inthe disposition ofissues raised thereinbecause (i) motions will be filed, heard, and decided once, instead ofthree times; (ii) discovery, ifany, will be served in only one proceeding for use in all proceedings; (iii) depositions, ifany, will be taken only once for use in all proceedings; and (iv)
one hearing may be conducted, instead ofthree. 

### 6. Each ofthe three cases is in its initial stage, where itwould be most convenientto consolidate them. In separate instruments, UPS Airlines andUPS Ground have movedto extend time to respond to the FAA's Complaint in each case to 20 days following the date upon which this motionto consolidate will either be granted or denied. This slight delay is appropriate, and will ultimately furtherjudicial efficiency shouldthis motion to consolidatebe granted. The FAA has informed counsel for UPS Ground that it will not oppose the requested extension oftime in each ofthe 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 consentto this request for consolidation. The FAA advised that it was notyet in a position to consentto consolidation at the presenttime. 9. In addition, UPS Airlines and UPS Ground respectfully request thatthe consolidated hearing ofthe three cases be held in Louisville, Kentucky, instead ofAtlanta as requestedbythe FAA. 10. Accordingto 14 C.F.R. 

### § 13.22l(b), in setting the location ofthe hearing the administrative lawjudge shall consider the need for discovery and "give due regard to the 3

### convenience ofthe parties, the location where the majority ofthe witnesses reside orwork, and whether the location is served by a scheduled air carrier." The alleged violations in each ofthe three cases occurred at UPS Ground's sort facility in Louisville, Kentucky. UPS Airlines is based inLouisville, Kentucky, where the majority ofwitnesses 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 inthese proceedings be held in Louisville, Kentucky.

DATED: April!, 2016 Respectfully submitted,

CROWELL & 

### MORING LLP 1001 PennsylvaniaAve., 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 UnitedParcel Service Co. 4and

1201 W. Peachtree Street Atlanta, Georgia 30309-3424 404.881.7245 (direct) 404.253.8510 (direct fax) Counsel for UnitedParcel Service, Inc.

5CERTIFICATE OF SERVICE 

### The undersigned hereby certifies thattrue and correct copies ofthe foregoing were served by hand delivery or UPS Next DayAir®, as indicated below, this lst day ofApril, 2016, to the following: Federal Aviation Administration 600 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000
Administrative Law Judge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 James H. Dunfee Jr. Attorney Federal Aviation Administration EnforcementDivision, Southern Team 1701 ColumbiaAvenue College Park, GA 30337 Ryan Landers Attorney Federal Aviation Administration EnforcementDivision, Southern Team 1701 ColumbiaAvenue College Park, GA 30337 AndreaMichelle Harper Senior Attorney Federal AviationAdministration Enforcement Division, Southern Team 1701 ColumbiaAvenue College Park, GA 30337
DATED: April1,2016

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

(viahand delivery)

(via UPS Next Day Air)