UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

UNITED PARCEL SERVICE, INC. RECEIVED 

APR I 9 2016 

Docket No. FAA-2016-4262 

(Civil Penalty Action) HEARING DOCKET 

COMPLAINANT'S JOINT RESPONSE TO RESPONDENT'S 

MOTION TO CONSOLIDE PROCEEDINGS AND REQUEST FOR ALTERNATE 

HEARING VENUE AND THE COURT'S APRIL 5, 2016 ORDER 

Pursuant to Section 14 C.F.R. § 13.218(d), Complainant, by and through the undersigned 

counsel, hereby files this Joint Response to Respondent's Motion to Consolidate Proceedings 

and Request for Alternate Hearing Venue, served on April!, 2016, and the Court's Order served 

AprilS, 2016. In support of this response, Complainant offers the following: 

I. Consolidation 

Complainant opposes the Motion to Consolidate at this time, as it is premature to 

consider such a motion. Federal Rules of Civil Procedure Ru1e 42 allows for the court to 

consolidate cases that have "common questions of law or fact." Fed. R. Civ. P. 42(a). While 

there are some issues in this matter that are common with the other two complaints, this is not 

unusual. However, the facts in each of the three complaints involve different incidents on 

different dates, with shipments that originated from different locations involving different 

hazardous materials. The complaints are only related in that they assert UPS, Inc. violated the 

Department of Transportation Hazardous Material Regu1ations in each case. Without an 

1 
Answer, Complainant is unable to know what "related" issues actually exist and if consolidation 

is reasonable. Additionally, consolidation will not remove the obligation that UPS, Inc. has to 

respond to the allegations found in each of the complaints. Therefore, Complainant asks the 

court to deny the Motion to Consolidate. 

II. Extension of Time 

In its Unopposed Motion for Extension of Time filed April 4, 2016, Respondent asserts 

Gerald Ellis, FAA Managing Attorney, stated Complainant did not oppose the requested 

extension of time. However, Mr. Ellis only agreed to a 20-day extension from the original 

deadline to file an Answer. Mr. Ellis did not agree to any other extension for filing deadlines in 

any of the three cases at issue. 

Complainant hereby reasserts its opposition to any extension of time besides the deadline 

to file an Answer. 

III. Venue 

Complainant consents to Respondent's request for venue in Louisville, Kentucky. 

IV. Proper Party 

The proper Respondent in this matter is United Parcel Service, Inc. Complainant is 

neither claiming violations by, nor seeking a civil penalty from, United Parcel Service Company 

(which is a FAA Part 119 certificate holder). To the extent that United Parcel Service Company 

is inadvertently a party to this matter, Complainant moves that United Parcel Service Company 

be dismissed. 
Respectfully submitted this 181

h day of April, 2016. 

p~~ 

Q ro.~ V\ G • \~b"'J 1 E s '!• 

-&r ANDREA MICHELLE HARPER 

Senior Attorney 

Office of the Chief Counsel 

Enforcement Division, Southern Team 
CERTIFICATE OF SERVICE 

I hereby certify that I have this day served a copy of the foregoing Joint Response to 

Respondent's Motion to Consolidate Proceedings and Request for Alternate Hearing Venue, 

served on April 1, 2016, and the Court's Order served April 5, 2016 In the Matter of United 

Parcel Service, FAA Docket No. F AA-2016-4262, via overnight mail and facsimile to: 

Winton E. Miller, Esq. 

Frost Brown Todd LLC 

400 West Market Street, 3 2nd Floor 

Louisville, KY 40202-3363 

TEL (502) 568-0296 

FAX (502) 581-1087 

Meaghan Goodwin Boyd, Esq. 

Alston & Bird LLP 

1201 W. Peachtree Street 

Atlanta, Georgia 30309-3424 

TEL (404) 881-7245 

FAX (404) 253-8510 

Paul Alp, Esq. 

Crowell & Moring LLP 

1001 PennsylvaniaAve.,NW 

Washington DC 20004-2595 

TEL (202) 624-2500 

FAX (202) 628-5116 

The Honorable J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

US Department of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

TEL (202) 366-6941 

FAX (202) 366-7536 
and the original and one copy to: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

ff LVL GERALD 

JJWL~ A. JENNINGS 

Program Analyst 

APR 1 8 2016 

Dated