U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION 

ADMINISTRATION, 

Complainant, FAA Docket No. 2014-0546 

vs. 

DGW, Inc., d/b/a Melrose T-Top, Inti, 

Judge: Richard c. ~~C E \ V E 0 

OC1 2 9 2014 

HEARING DOCKET Respondent. 

RESPONDENT'S REQUESTS TO ADMIT FACTS 

Now COMES the Respondent, DGW, Inc., d/b/a Melrose T-Top ("Melrose"), by 

and through its attorneys, GRIFFINIWILLIAMS, LLP, and propounds the following Request 

to Admit Facts to the Complainant, Federal Aviation Administration, to be answered in 

writing, under oath, within twenty-eight (28) days after service hereof: 

DEFINITIONS 

In construing these discovery requests, the following words, as well as other 

various forms of these words, unless otherwise indicated, shall have the following 

meanmgs: 

A. The term "FAA" or "Complainant" shall refer to Complainant, Federal Aviation 

Administration, its officers, directors, shareholders, employees, and agents, acting 

individually or jointly, or jointly with any other person or entity, as well as any person 

acting on its behalf in any capacity, including its attorneys, or any employee, agent, 

investigator or representative of the FAA. 

B. The term "Melrose T-Top" or "Respondent" shall refer to Respondent DGW, Inc., 

d/b/a Melrose T-Top, Inti, its officers, directors, shareholders, employees, and agents, 

acting individually or jointly, or jointly with any other person or entity, as well as any 

person acting on its behalf in any capacity, including its attorneys, or any employee, 

agent, investigator or representative of Melrose T-Top. 

C. The term "UPS" shall refer to United Parcel Service of America, Inc., its officers, 

directors, shareholders, employees, and agents, acting individually or jointly, or jointly 

1 
with any other person or entity, as well as any person acting on its behalf in any capacity, 

including its attorneys, or any employee, agent, investigator or representative ofUPS. 

D. The term "Package" or "Shipment" shall refer to the package Melrose T-Top 

marked "ORM-D" and offered for delivery to UPS on March 13, 2013 that is the subject 

of the Complaint. 

E. The term "Person" or "Persons" means a natural person or an entity, any business 

entity, association, group, any federal, state or local government agency or body. 

F. The term "Document" or "Documentation" means all written, recorded, and 

graphic material, however produced or reproduced, whether or not privileged, pertaining 

in any way to the subject matter of this action. This defmition includes, but is not limited 

to, all originals, copies, and drafts of the following: records, notes, summaries, schedules, 

contracts, agreements, drawings, sketches, invoices, orders, acknowledgments, diaries, 

reports, memoranda of all conversations by or with any person, telephone messages, all 

other memoranda, letters, telegrams, telexes, and cables prepared, drafted, received or 

sent, tapes, transcripts, and recordings, photographs, pictures, and films, computer 

programs, email, data stored on optical media (CD), magnetic disc or hard drive, and all 

other graphic, symbolic, recorded, and written materials of any nature, whatsoever, and 

any other document and tangible item subject to discovery under Supreme Court Rule 

214. 

G. The term "Concerning" means, but is not necessarily limited to: contammg, 

referring to, relating to, comprising, constituting, connected with, about, regarding, 

mentioning, discussing, describing, referring to, reflecting upon, evidencing, discussing, 

describing, mentioning, summarizing or connecting in any way logically or factually to 

the matter described in the Interrogatory. 

H. The term "Knowledge" means firsthand information acquired through the five 

senses and information, other than firsthand information, deriving from any source, 

including hearsay knowledge. 

I. The term "Statement" means any oral, written, court reported, recorded or other. 

expression of opinion and/or fact, which pertains to the occurrences alleged in the 

Complaint or to the damages claimed to have resulted there from. 

J. The term "Communication" or "Communications" means all communications of 

any nature whatsoever, whether oral, in writing, or non-verbal gestures. 

K. To "Identify" a person, means to state with respect to each such person: (1) the 

individual's full name; (2) all other names by which he has ever been known; (3) his last 

known home and business addresses; and ( 4) his job positions and business affiliations, 

from the date of the occurrence alleged in the Complaint to the present date. 

2 
L. To "Identify" a corporation or other entity, means to state with respect to each 

such corporation or other entity: (1) the full name of the corporation and the principal 

place ofbusiness; (2) the state of incorporation; (3) the date of incorporation; and (4) the 

chief executive officer thereof 

M. To "Identify" a document or other written communication, means to state with 

respect to such document or other written communication: (1) the date of preparation of 

the document; (2) the date the party acquired the document, if applicable; (3) the author, 

title, and subject matter or nature; ( 4) the place of preparation, present location, and 

present custodian; and ( 5) each and every other person, who participated in or directed 

the preparation of the document, or received a copy of the document; stating whether 

responsive documents no longer within a party's access, possession, or control are not 

identical to the original or are missing, lost, destroyed, transferred or disposed of 

otherwise. 

N. To "Identify" a meeting means to state with respect to such meeting: (1) the date 

and place ofthe meeting; (2) the identity of each and every person present at the meeting; 

(3) the general description of the substance of the discussions and the decisions (if any) 

reached at, or as a result of, the meeting; and (4) the identity of each and every document 

concerning any of the subjects discussed or to be discussed at the meeting, including 

agendas. 

0. To "IdentifY" an oral conversation means to state with respect to such oral 

conversation: (1) the date and place ofthe conversation; (2) the identity of each and every 

person who participated in, or was present during the conversation; (3) a general 

description of the substance of the conversation; and ( 4) the identity of each and every 

document concerning the conversation. 

P. As used herein, the singular includes the plural and the plural includes the singular; 

the masculine, feminine or neuter pronouns include each other; the disjunctive "or" and the 

conjunctive "and" include each other; and each of the functional words "each", "every", 

"any'', and "all" shall include all of the other functional words, as necessary to bring within 

the scope o fthis request any documents that might otherwise be construed to be outside the 

scope. 

INSTRUCTIONS 

A. In responding to these requests, furnish all information in the possession of 

Complainant, its agents, employees, and any other persons acting on its behalf. 

B. These requests are to be deemed continuing. Complainant is requested to provide, 

by way of supplementary responses, such additional information and documentation as 

may hereafter be obtained by Complainant, or any person on Complainant's behalf, that 

will augment, supplement or otherwise modifY the answers now given to the following · 

requests. 

3 
C. If any of these requests cannot be responded to in full, answer to the extent 

possible, specifying the reasons for Complainant's inability to answer to the remainder 

and stating what information you do have concerning the unanswered portion. 

REQUESTS TO ADMIT 

1. Attached as Exhibit "A" is a true and accurate copy of a printout from UPS' webpage 

entitled "UPS 3 Day Select" and was in effect as of March 1, 2013. 

RESPONSE: 

2. The Package was labeled "Consumer Commodity ORM-D". 

RESPONSE: 

3. Effective January 1, 2013, "ORM-D" IS a ground-only method of transportation 

offered by UPS. 

RESPONSE: 

4. Effective January 1, 2013, UPS discontinued its "ORM-D-Air" designation for 

consumer commodities shipped via an air mode of shipping and replaced it with 

"ID8000 Consumer Commodity- Air Service". 

RESPONSE: 

5. Effective January 1, 2013, UPS's "ID8000 Consumer Commodity- Air Service" 

requires that the package bear the air "Y" limited quantity marking, be "marked as a 

limited quantity in accordance with 49 CFR 172.315(b)(l) and labeled as a Class 9 

article or substance." 

RESPONSE: 

6. UPS accepted and proceeded to effect delivery of the Package, with a prescribed 

method of shipping being an air mode of transportation and marked "ORM-D." 

RESPONSE: 

7. UPS's acceptance of the Package, with a prescribed method of shipping being an air 

mode of transportation and marked "ORM-D," was in violation of the Department of 

Transportation Hazardous Material Regulations. 

RESPONSE: 

4 
8. Exclusive of the events, transaction, or occurrences giving rise to this action, Melrose 

T-Top has no previous violations of the cited regulations in the Complaint or any 

other Department of Transportation Hazardous Materials Regulations. 

RESPONSE: 

Respectfully submitted, 

DGW, Inc., d/b/a Melrose T-Top 

q(~A& Q. ~)-)L 

Richard L. Williams 

Joshua M. Feagans 

Kristin N. Stone 

GRJFFINIWILLIAMS LLP 

501 W. State Street, Suite 203 

Geneva, IL 60134 

(630) 457-1205 

(630) 262-0644 facsimile 

One of its attorneys 

CERTIFICATE OF SERVICE 

The undersigned, an attorney duly licensed to practice law in the State of Illinois, 

does hereby certify that she caused a copy of the foregoing Respondent's First Request 

for Production of Documents to served upon the parties indicated below, by depositing a 

copy of same in the U.S. Mail, in Geneva, Illinois, postage pre-paid, by 5:00p.m. on 

October 23,2014. 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Christopher R. Stevenson, Esq. 

Office of Regional General Counsel, AS0-7 

Federal Aviation Administration 

Southern Region 

170 l Columbia Avenue 

College Park, Georgia 30337 

Ron. Richard C. Goodwin 

Attn: Patricia Matthews 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

Dated: October :J3 , 2014 

~~ ~h)~-~ " '\ .~-

Kristin N. Stone 

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