UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

-ORl/\TiOiJ 

In the Matter of: 

FEDERAL EXPRESS CORPORATION 

In the Matter of: 

EMPIRE AIRLINES, INC. 

FAA Docket No. rPIONMOOnfi^ 

FAA Case No. 2009NM700056 

DMS No. FAA-2010-0790 

FAA Docket No. CP10NM0007 

FAA Case No. 2009NM700065 

DMS No. FAA-2010-0791 

Judge: Richard C. Goodwin 

GO 

The Honorable Richard C. Goodwin: 

MOTION TO CONSOLIDATE 

Pursuant to 13 C.F.R. § 13.205(a) and 5 U.S.C. § 556(c), Federal Express Corporation 

("FedEx"), and Empire Airlines, Inc. ("Empire") (collectively "Respondents") hereby request 

that the above-captioned cases be consolidated for hearing and state the following in support 

thereof: 

1. Both cases arise from the same facts and circumstances related to certain 

shipments in February 2009 involving FedEx and Empire, a regional cargo airline supporting 

FedEx. A Federal Aviation Administration (FAA) Hazardous Material Agent inspected these 

shipments during sorting operations at Great Falls, Montana. 

2. Judicial economy would be served by the consolidation of these cases for several 

reasons. The witnesses and exhibits used in each of the above cases are anticipated to be the 

same for each hearing. Complainant has requested that the hearing for both cases be set in the 

same location in Seattle, Washington. Both cases are at the pre-hearing stage where it would be 

most convenient to consolidate. ElVEr 

MAY 2 0 2eti 

iEARING DOCKET 
Both Respondents support consolidation and neither would be xmfairly prejudiced. 

Complainant also consents to consolidation. 

Respondents and Complainant conferred and agreed that a consolidated hearing 

would take two (2) days. Since the Administrative Law Judge has scheduled the cases (and 

another case involving Respondent FedEx) for the week of August 22, 2011, the parties jointly 

suggest August 25-26, 2011, for a consoUdated hearing. 

WHEREFORE, Respondents respectfully request that the Administrative Law Judge 

enter an order consolidating the above-captioned cases for a single hearing. 

Dated this 19"^ day of May, 2011. 

Olefin P. Wicks 

ivoncevert D. Almond 

The Wicks Group, PLLC 

1215 17* Street, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

Tel: (202) 457-7790 

Fax: (202) 457-7799 

Cynthia Chandler-Snell 

Federal Express Corporation 

Regulatory Division 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, TN 38125 

Tel: 901-434-8361 

Fax: 901-434-8283 

Counsel for Respondents 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing document has been sent via facsimile and expedited 

courier service to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building—Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Fax:(202)493-5142 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm E12-320 

Washington, D.C. 20590 

Tel: (202) 366-2139 

Fax: (202) 366-7536 

Mr. Kyle Lomazow, Attorney 

Mr. Scott Morris, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel (ANM-7) 

1601 Lind Ave., S.W. 

Renton, WA 98057 

Tel: (425) 227-1847 

Fax: (425) 227-1007 

Original and one (1) copy 

One (1) copy 

One (1) copy 

->th Dated this 19'" day of May, 2011. 

RMje^ydrt D. Almond'-^ 

e Wicks Group, PLLC 

1215 17"" Street, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

Tel: (202) 457-7790 

Fax: (202) 457-7799 

Counsel for Respondents 
UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

FEDERAL EXPRESS CORPORATION 

In the Matter of: 

EMPIRE AIRLINES, INC. 

FAA Docket No. CP10NM0006 

FAA Case No. 2009NM700056 

DMS No. FAA-2010-0790 

FAA Docket No. CP10NM0007 

FAA Case No. 2609NM700065 

DMS No. FAA-2010-0791 

Judge: Richard C. Goodwin 

The Honorable Richard C. Goodwin: 

MOTION TO CONSOLIDATE 

Pursuant to 13 C.F.R. § 13.205(a) and 5 U.S.C. § 556(c), Federal Express Corporation 

("FedEx"), and Empire Airlines, Inc. ("Empire") (collectively "Respondents") hereby request 

that the above-captioned cases be consolidated for hearing and state the following in support 

thereof: 

1. Both cases arise from the same facts and circumstances related to certain 

shipments in February 2009 involving FedEx and Empire, a regional cargo airline supporting 

FedEx. A Federal Aviation Administration (FAA) Hazardous Material Agent inspected these 

shipments during sorting operations at Great Falls, Montana. 

2. Judicial economy would be served by the consolidation of these cases for several 

reasons. The witnesses and exhibits used in each of the above cases are anticipated to be the 

same for each hearing. Complainant has requested that the hearing for both cases be set in the 

same location in Seattle, Washington. Both cases are at the pre-hearing stage where it would be 

most convenient to consoUdate. RECEIVED 

-lAV 1 0 2811 

.EARING DOCKET 
3. Both Respondents support consolidation and neither would be imfairly prejudiced. 

Complainant also consents to consolidation. 

4. Respondents and Complainant conferred and agreed that a consolidated hearing 

would take two (2) days. Since the Administrative Law Judge has scheduled the cases (and 

another case involving Respondent FedEx) for the week of August 22,2011, the parties jointly 

suggest August 25-26, 2011, for a consolidated hearing. 

WHEREFORE, Respondents respectfiilly request that the Adminisfrative Law Judge 

enter an order consolidating the above-captioned cases for a single hearing. 

Dated this 19* day of May, 2011. 

P. Wicks 

loncevert D. Almond 

The Wicks Group, PLLC 

1215 17* Street, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

Tel: (202) 457-7790 

Fax: (202) 457-7799 

Cynthia Chandler-Snell 

Federal Express Corporation 

Regulatory Division 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, TN 38125 

Tel: 901-434-8361 

Fax: 901-434-8283 

Counsel for Respondents 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing document has been sent via facsimile and expedited 

courier service to: 

Federal Aviation Adminisfration 

600 Independence Avenue, SW 

Wilbur Wright Building—Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Fax:(202)493-5142 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El2-320 

Washington, D.C. 20590 

Tel: (202) 366-2139 

Fax: (202) 366-7536 

Mr. Kyle Lomazow, Attomey 

Mr. Scott Morris, Attomey 

Federal Aviation Adminisfration 

Office of the Regional Counsel (ANM-7) 

1601 Lind Ave., S.W. 

Renton, WA 98057 

Tel: (425) 227-1847 

Fax:(425)227-1007 

Original and one (1) copy 

One (1) copy 

One (1) copy 

Dated this 19* day of May, 2011. 

^ D. Ahnond-^ 

le Wicks Group, PLLC 

1215 17* Street, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

Tel: (202) 457-7790 

Fax: (202) 457-7799 

Counsel for Respondents