UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
IN THE MATTER OF 

# RECEIVED UNITED PARCEL SERVICE, INC. 

## APR 

## I 92016 DocketNo. FAA-2016-4262 (Civil Penalty Action) 

## HEARING DOCKET
COMPLAINANT'SJOINT RESPONSE TO RESPONDENT'S MOTION TO CONSOLIDEPROCEEDINGS AND REQUEST FORALTERNATE 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 ofthis 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 oflaw 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
1Answer, Complainant is unable to know what "related" issues actually exist and ifconsolidation is reasonable. Additionally, consolidation will not remove the obligation that UPS, Inc. has to respond to the allegations found in each ofthe complaints. Therefore, Complainant asks the courtto denythe Motionto Consolidate.

II. Extension ofTime In its Unopposed Motion for Extension ofTime 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 ofthe three cases at issue. Complainanthereby reasserts its opposition to any extension oftime besides the deadline to file an Answer.

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

IV. Proper Party The properRespondent in this matter is United Parcel Service, Inc. Complainantis neither claiming violations by, nor seeking acivil penalty from, United Parcel Service Company (which is aFAAPart 119 certificateholder). To the extentthat United Parcel Service Company is inadvertently a partyto this matter, Complainantmoves that United Parcel Service Company be dismissed.Respectfully submitted this 181 h day ofApril, 2016.



# p~~ Q

**ro.~** V\ 

## G •

**\~b"'J**1 

### E

## s '!• 

## -&r ANDREA MICHELLEHARPER Senior Attorney Office ofthe ChiefCounsel EnforcementDivision, SouthernTeamCERTIFICATE 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, FAADocketNo. FAA-2016-4262, via overnightmail and facsimile to: Winton E. Miller, Esq. Frost BrownTodd LLC 400 West Market Street, 32nd Floor Louisville, KY40202-3363 TEL (502) 568-0296 FAX (502) 581-1087 Meaghan GoodwinBoyd, Esq. Alston & Bird LLP 1201 W. Peachtree Street Atlanta, Georgia 30309-3424 TEL (404) 881-7245 FAX (404) 253-8510 PaulAlp, 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 ofHearings, M-20 US Department ofTransportation 1200 New Jersey Avenue, SE (Ell-310) Washington, DC 20590 TEL (202) 366-6941 FAX (202) 366-7536andthe original and one copyto: HearingDocket Federal Aviation Administration 600 Independence Avenue, SW Washington, DC 20591 ATTN: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Suite 2Wl000 

# ff **JJWL~** LVL GERALD A. JENNINGS ProgramAnalyst 

## APR 18 2016 Dated