### " 

## SERVED: April 22, 2016 U.S. DEPARTMENT OF TRANSPORTATION. OFFICE OF HEARINGS WASHINGTON, DC In The Matter Of: ) ) ) ) ) DocketNo. FAA-2016-4261 UNITED PARCEL SERVICE CO. Respondent Case No. 2013S0700189

ORDERDEEMING THEFAA'S RESPONSE TO THE RESPONDENT'S MOTION FOREXTENSION UNTIMELY AND MOOT AND RESERVING OTHERRELIEF
On March 28, 2016, the Respondent, United Parcel Service Co., filed a Motion for Extension ofTime ("Motion"), pursuant to 14 C.F.R. 

### § 13.213(b). OnAprilS, 2016, an Order Granting the Respondent's Motion for Extension ofTime and Directing/Reserving OtherRelief("Order") was filed. Three days later, on April 8, 2016, the FAA filed the Complainant's Response to Respondent's Motion for Extension ofTime ("Response"). 

### A. BriefDiscussion The FAA's AprilS, 2016 Response does not move for any relieffrom the AprilS, 2016 Order. Rather, the FAA does notreference or discuss the April 

### S, 2016 Order at all, eventhough a courtesy copy ofthe Orderwas faxed to both the FAA and the Respondent on April 5, 2016, the dayit was issued. (Order, Cert. ofService.) The Respondent's March 28,2016 Motion was brought pursuant to 14 C.F.R. § 13.213(b), which allows either party an opportunity to request an extension oftime from the court "not laterthan 7 days before the document is due." 14 C.F.R. § 13.213(b). Ifa request for extension is filed within 7 days ofa deadline, the movant must provide good cause for the extension request. 

### ld.

# .. A motion brought under 14 C.F.R. 

### § 13.213(b) does notrequire the court to wait for

# a response from the opposingpartyprior to ruling onthe motion. Indeed, it is presupposed**th~t** the movanthas eitherobtain an agreement for therequested extension oftime from the opposing side under 14 C.F.R. § 13.218(a), failed to obtain such an agreement, orthatthe movant has already utilized its opportunity for one (1) agreed extension.14 C.F.R. § 13.218(a). Given the shortness oftime allowed for making the motion, it is clearthat the intent of 14 C.F.R. 

### § 13.213(b) is for the courtto rule on a requested extension expeditiously, based solely on the movant'srequest. 1The rule does not prohibit the opposing side from filing anoptional response to a motion for extension, but suchresponse may be considered only iffiled prior to the court ruling. 

### It should also benoted that the Rules ofPractice do not mandate any specific limit on an.extension period, either when the parties agree to an extension oftime, orwhen the court rules on a motion for extension oftime. 14 C.F.R. 

### § 13.213(a) and (b). 

### Inthe instant case, the record shows that the Complaint was served by U.S. Mail on March 3, 2016. (Compl., Cert. ofService.) Pursuantto 14 C.F.R. §§ 13.209, 13.211, and 13.212, the Respondent's answer wouldhave been due on orbefore April 7, 2016. OnMarch 28, 2016, nine (9) days prior to its April 7, 2016 deadline for the answer, the Respondent filed its' Motion for relief. The Respondent's Motion was timely filed pursuant to 14 C.F.R. § 13.213(b). The record further reflects**tha~** the Court issued the Order grantingthe Respondent's Motion onApril 5, 2016 (i.e., two (2) days before the April 7, 2016 deadline for the Respondent's.answer). The Order was based solely on the Respondent's materials, sincethe

. . FAAhad not filed any optionalResponse. In this April 5, 2016 Order, the Court granted the Respondent's request for an extension,2 based on the Respondent's assertions of.party agreement, and because the extension appeared to serve the interests ofthe parties as well as judicial economy. (Order, 1-2.)

1For example, an answering party responding to motions broughtpursuantto 14 C.F.R. § 13.218 is specifically allowed fifteen (15) days for filing a response. 14 C.F.R. § 13.211(e) and 14 C.F.R. § 13.218(d). This time frame must be deemed inapplicable under 14 C.F.R. § 13.213(b), since a movant may bringa motion for extension seven (7) days or less from a deadline, and is entitled to receive an automatic grant ofextension ifthe court fails to rule on the motion before the expiration ofthe deadline.
2 Had the Court failed to rule on the Respondent's Motion on orbefore April 7, 2016, the rule provides an automatic twenty (20) day extension from the April?, 2016 deadline. 14 C.F.R. § l3.213(c). Page 2 of4Thereafter, on April8, 2016 (i.e., three (3) days after the Court ruled onthe Motion, and one (1) day after the original April 7, 2016 deadline), the FAA filed its Response. This Response to the Respondent's March 28, 2016 Motion for an extension oftime was untimely. Itis moot because the Court has already ruled upon the Motion, as required by 14 C.F.R. 

### § 13.213(b). It should also be noted that the content ofthe FAA'stitled Response includedvarious requests ontopics not referenced in its title, and not identified in the inthe document itself. This included requests regarding venue, consolidation, and to "correctthe caption" onthe Complaint. (Resp. 2-4.) Pursuant to 14 C.F.R. 

### § 13.218(b), boththe form andcontentofany motion must state the request(s) for relief. Itis well-established in federal litigation practice that the form ofa motion includes providing a short title caption, accurately describing or identifying the requests for relief. 3 Thereafter, the content ofa motion should provide clearly identified plain and particular statement(s) ofthe titled request(s), with grounds supporting eachrequest. 4 See, Fed. R. Civ. Proc. 7(b). Thisparticularity requirement ensures that the courtand the adversary receive ample notice ofboth the reliefsought and the.moving party's reasoning, so that the court fully understands the motion and the adversary has a meaningful opportunity to respond
....Requests for reliefmade in a passing comment, a stray sentence to a brief, or a footnote are likely to fail this particularity test...[ari'd] may be dismissed or denied. StevenBaicker-McKee, et al., Federal Civil RulesHandbook, 349-350 (WestPublishing 2016). To ensure proper consideration oftheother matters contained in the FAA's Response, suchmatters should.be reserved and addressed by separate Order. 

### B. Conclusion Pursuantto 14 C.F.R. 13.205(a)(6), and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised;

3 Therules governing styling ofcaptions and the form ofpleadings also apply to motions. Rule 7(b); Steven Baicker-McKee, et al., Federal CivilRules Handbook, 348 (West Publishing 2016).
4 In some rare instances, a party may tile substantive content under an improper document caption title. The Court may, at its discretion, suasponte assign the proper caption title to the document. However, in this case, the Court cannotre-caption or considerthe FAA's Response as an Inferred Motion for Reconsideration, since the FAA did not acknowledge receipt ofthe Apri15, 2016 Order or provide grounds why such Order should be reconsidered on a potential error oflaw or fact. Page 3 of4

### ITIS

### HEREBY ORDERED:

1. The FAA's Response to the Respondent's Motion.for Extension ofTime is untimely and deemed moot. 2. The FAA's other requests for relief, not captioned orclearly identified in its Response,
are reserved, and 

### will be addressed by separate Order.

Attachment:·Service List

Page 4 of4

### DocketNo. FAA-2016-4261 (Civil Penalty Action)
. 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl0005



### Mr. James H. Dunfee Jr. Complainant's Counsel 

### Federal Aviation Administration Enforcement Division, Southern Team 1701 Columbia Ave College Park, GA 30337 TEL:**404~305-5200** 

### FAX: 404-305-5223 Mr. Paul Alp Respondent's Counsel 

### Crowell & 

### Moring LLP 1001 Pennsylvania Avenue, N.W. Washington, DC 20004 TEL: 202-624-2500 FAX: 202-628-5116
Judge J.E. Sullivan U.S. Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue; S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 

### ONE COPY Mr. Winston E. Miller Respondent's Counsel 

### Frost, Brown, Todd, LLC 400 Market Street, 32"d Floor Louisville, KY 40202-3363 TEL: 502-589-0296 FAX: 502-581-1087
Ms. Meaghan G. Byrd Respondent's Counsel 

### Alston & 

### Byrd LLP One Atlantic Center 1201 W. Peachtree Street Atlanta, GA 30309-3424 TEL: 404-881-7245 FAX: 404-253-8510

5 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.