U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERALAVIATIONADMINISTRATION FEDERAL AVIATION ADMINISTRATION, Complainant, FAADocketNo. 2014-0546

vs. DGW, Inc., d/b/a Melrose T-Top, Inti, Judge: Richard 

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# E\ VE0 OC1 29 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 orjointly, orjointly 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 orrepresentative ofthe 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, orjointly 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 orrepresentative ofMelrose T-Top. C. The term "UPS" shallrefer to United Parcel Service ofAmerica, Inc., its officers, directors, shareholders, employees, and agents, acting individually orjointly, orjointly



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### with any other personor entity, as well as anyperson acting on its behalfin any capacity, including its attorneys, or any employee, agent, investigator orrepresentative 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 ofthe Complaint. E. The term "Person" or "Persons" means a naturalperson or an entity, any business entity, association, group, any federal, state orlocal government agency orbody. F. The term "Document" or "Documentation" means all written, recorded, and graphic material, however produced or reproduced, whether or not privileged, pertaining in any wayto the subject matter ofthis action. This defmition includes, but is not limited to, all originals, copies, and drafts ofthe following: records, notes, summaries, schedules, contracts, agreements, drawings, sketches, invoices, orders, acknowledgments, diaries, reports, memoranda ofall 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 ofany 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 hearsayknowledge. 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 orto the damages claimed to have resulted there from. J. The term "Communication" or "Communications" means all communications of any nature whatsoever, whether oral, inwriting, ornon-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 ofthe occurrence alleged in the Complaint to the present date.

2L. To "Identify" a corporation or other entity, means to state with respect to each such corporation or other entity: (1) the full name ofthe corporation and the principal place ofbusiness; (2) the state ofincorporation; (3) the date ofincorporation; and (4) the chiefexecutive 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 ofpreparation of the document; (2) the date the party acquired the document, ifapplicable; (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 ofthe document, or received a copy ofthe 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 ofeach and everypersonpresent at the meeting; (3) the general description ofthe substance ofthe discussions and the decisions (ifany) reached at, or as a result of, the meeting; and (4) the identity ofeach and every document concerning any ofthe 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 ofeach and every person who participated in, or was present during the conversation; (3) a general description ofthe substance ofthe conversation; and (4) the identity ofeach 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 ofthe other functional words, as necessary to bring within the scope ofthis 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 otherpersons acting onits 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.

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### 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 ofa printout from UPS' webpage entitled "UPS 3 DaySelect" and was in effect as ofMarch 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 offeredbyUPS. 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 ofshippingbeing an air mode oftransportation and marked "ORM-D." RESPONSE: 

### 7. UPS's acceptance ofthe Package, with a prescribed method ofshipping being an air mode oftransportation and marked "ORM-D," was in violation ofthe Department of Transportation Hazardous MaterialRegulations. RESPONSE:

48. Exclusive ofthe events, transaction, or occurrences giving rise to this action, Melrose T-Top has no previous violations ofthe cited regulations in the Complaint or any otherDepartment ofTransportationHazardous Materials Regulations. RESPONSE: Respectfully submitted, DGW, Inc., d/b/aMelrose T-Top



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**~)-)L** Richard L. Williams JoshuaM. Feagans KristinN. Stone GRJFFINIWILLIAMS 

### LLP 501 W. State Street, Suite 203 Geneva, IL 60134 (630) 457-1205 (630) 262-0644 facsimile One ofits attorneys

CERTIFICATE OF SERVICE The undersigned, an attorney duly licensed to practice law in the State ofIllinois, does hereby certify that she caused a copy ofthe foregoing Respondent's First Request for Production ofDocuments 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: HearingDocket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 800 Independence Avenue, S.W. Washington, DC 20591 ChristopherR. Stevenson, Esq. Office ofRegional General Counsel, AS0-7 Federal Aviation Administration SouthernRegion 170l ColumbiaAvenue College Park, Georgia 30337 Ron. Richard C. Goodwin Attn: PatriciaMatthews U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590

Dated: October 

# :J3 ,2014

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# ~~ **~h)~-~** KristinN. Stone



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