IN THE MATTER OF 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

HEARING DOCKET 

IXL Premium Lubricants, Inc., 

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RESPONSE TO COMPLAINANT'S 

SECOND DISCOVERY REQUESTS 

FAA Case No. 2014NM720059 

Docket No. FAA-2015-0634 

Judge Richard C. Goodwin 

IXL Premium Lubricants, Inc. (IXL) responds to the FAA's Second Discovery Requests 

as follows. 

Answers to Interrogatories 

INTERROGATORY NO. 11: Identify by name, address, and telephone number the 

individual who prepared the package shipped by IXL Premium Lubricants, Inc. (IXL) under 

United Parcel Service air waybill number 1ZW819670494003174. 

ANSWER: IXL has been unable to identify which of its employees prepared the package. 

INTERROGATORY NO. 12: State the flashpoint of the bottle of IXL Premium Gas 

Treatment contained in the package shipped by IXL under United Parcel Service air waybill 

number 1ZW819670494003174. 

ANSWER: The flash point indicated on the MSDS included as Exhibit l with the 

Complainant's Initial Discovery Request accurately represented the flash point of the product 

manufactured at that time. 

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Responses to Requests for Production 

REQUEST NO. 8: Provide a copy of all documents relating to all shipments made by 

IXL to its customers for the period December 17, 2014 through July 27, 2015, including, but not 

limited to: Invoices, Shipping papers, Waybills, Packing slips, "Hazardous Material & 

Dangerous Goods Shipment Checklist[s]," and "Hazardous Material & Dangerous Goods 

Shipment Tracking Form[s]." 

RESPONSE: IXL objects to this request for production as l) unduly burdensome and 

oppressive, 2) seeking materials irrelevant to this case, and 3) seeking privileged materials 

disclosed during good faith settlement discussions. 

REQUEST NO. 9: Provide a copy of all seven pages of an e-mail sent by Lindsay 

Ashworth (ashworthfam6@gmail.com) to Jordan Olsen (jordan.olsen@ixldirect.com), dated 

June 18,2015 at 3:57PM. 

RESPONSE: IXL objects to this request for production as 1) seeking materials irrelevant 

to this case and 2) seeking privileged materials disclosed during good faith settlement 

discussions. 

REQUEST NO. l 0: Provide a complete copy of all e-mails or other documents forwarded 

or referenced in the e-mail described in Request for Production No.9. 

RESPONSE: IXL objects to this request for production as 1) unduly burdensome and 

oppressive, 2) seeking materials irrelevant to this case, and 3) seeking privileged materials 

disclosed during good faith settlement discussions. 

2 
REQUEST NO. 11: Provide a complete copy of all "Preparing and Shipping Hazardous 

Material and Dangerous Goods Test[s]" completed by any IXL employee or agent for IXL for the 

period July 4, 2014 through July 27,2015. 

RESPONSE: IXL objects to this request for production as 1) unduly burdensome and 

oppressive, 2) seeking materials irrelevant to this case, and 3) seeking privileged materials 

disclosed during good faith settlement discussions. 

REQUEST NO. 12: Provide a complete copy of all documents relating to approval of 

IXL as a HAZMAT shipper by UPS (United Parcel Service). 

RESPONSE: IXL has previously provided these materials to the FAA. 

REQUEST NO. 13: Provide a complete copy of all documents relating to approval of 

IXL as a HAZMAT shipper by Unishippers. 

RESPONSE: IXL has previously provided these materials to the FAA. 

REQUEST NO. 14: Provide copies of all records relating to HAZMAT training received 

by IXL employees or agents for TXL for the period July 4, 2014 through July 27, 2015 including, 

but not limited to: Invoices from training vendors, Certificates of Completion, Written exams, 

and Syllabi. 

RESPONSE: IXL objects to this request for production as 1) unduly burdensome and 

oppressive, 2) seeking materials irrelevant to this case, and 3) seeking privileged materials 

disclosed during good faith settlement discussions. 

REQUEST NO. 15: Provide copies of all records relating to HAZMAT training kept by 

IXL as required by 49 C.P.R.§ 172.704(d). 

RESPONSE: Attached. 

3 
REQUEST NO. 16: Provide a copy of the Material Safety Data Sheet for the particular 

formulation of IXL Premium Gas Treatment shipped by IXL under United Parcel Service air 

waybill number 1ZW819670494003174. 

RESPONSE: IXL has previously provided these materials to the FAA. 

REQUEST NO. 17: Provide a copy of the shipping paper for the package IXL shipped 

under United Parcel Service air waybill number 1 ZW819670494003174, as required to be kept 

by IXL by 49 C.P.R.§ l72.201(e). 

RESPONSE: IXL has not located this document. 

REQUEST NO. 18: Provide a copy of the Emergency Response Information for the 

package IXL shipped under United Parcel Service air waybill number 1ZW819670494003174, if 

not presented to United Parcel Service as part of the shipping paper for the package under 49 

C.P.R.§ 172.602(b)(3)(i). 

RESPONSE: IXL has not located this document. 

Responses to Requests for Admissions 

REQUEST NO. 27: Admit an employee ofiXL prepared the package IXL shipped under 

UrJted Parcel Service air waybill nurnber 1ZW819670494003174. 

RESPONSE: Admit 

REQUEST NO. 28: Admit that the IXL employee that prepared the package IXL shipped 

under United Parcel Service air waybill number IZW819670494003174 did not receive any 

training regarding the shipping of hazardous materials before July 4, 2014. 

RESPONSE: Deny. IXL employees have received training. 

REQUEST NO. 29: Admit that Jordan Olsen is an employee ofiXL. 

4 
RESPONSE: Admit. 

REQUEST NO. 30: Admit that Jordan Olsen is an authorized agent ofiXL. 

RESPONSE: Admit that Mr. Olsen has certain agency capacities with IXL and deny all 

other allegations. 

REQUEST NO. 31: Admit that Jordan Olsen prepared the package IXL shipped under 

United Parcel Service air waybill number 1ZW819670494003174. 

RESPONSE: Deny. This work is not within Mr. Olsen's scope of work. 

REQUEST NO. 32: Admit that Jordan Olsen did not receive any training regarding the 

shipping of hazardous materials before July 4, 2014. 

RESPONSE: Admit that Mr. Olsen received no training outside the scope of his work and 

deny all other allegations. 

REQUEST NO. 33: Admit that Kenny Ashworth is an employee ofiXL. 

RESPONSE: Admit that Kenny Ashworth is a contractor for IXL. 

REQUEST NO. 34: Admit that Kenny Ashworth is an authorized agent ofiXL. 

RESPONSE: Admit that Mr. Ashworth has certain agency capacities with IXL and deny 

all other allegations. 

REQUEST NO. 35: Admit that Kenny Ashworth prepared the package IXL shipped 

under United Parcel Service air waybill number 1ZW819670494003174. 

RESPONSE: While this work is within Mr. Ashworth's scope of work, IXL has been 

unable to determine whether he did in fact prepare this package. IXL has made reasonable 

inquiry into the matter, and the information known to or readily obtainable by IXL is insufficient 

to enable it to admit or deny the matter. 

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REQUEST NO. 36: Admit that Kenny Ashworth did not receive any training regarding 

the shipping of hazardous materials before July 4, 2014. 

RESPONSE: Deny. Mr. Ashworth has received training. 

REQUEST NO. 37: Admit that the bottle of IXL Premium Gas Treatment contained in 

the package IXL shipped under United Parcel Service au waybill number 

1ZW819670494003174 contained the "old formula" referred to in IXL's previous answer to 

Request for Admission No. 12. 

RESPONSE: Admit 

REQUEST NO. 38: Admit that Exhibit I is a true and accurate copy of a letter sent by 

Jordan Olsen on behalf of IXL to Richard Odekirk of the Federal Aviation Administration. 

RESPONSE: As no Exhibit 1 was attached to these discovery requests, the information 

known to or readily obtainable by IXL is insufficient to enable it to admit or deny the matter. 

DATED: August ·t.. S, 2015 

Operations, IXL 

6 
~ertiftcate of ~ompletion 

Jordan Olsen 

lras suecessfull\! cnmplde~ 

DOT HazMat General & Security Awareness 

49 CFR 172.704 & Function Specific Training 

Tested On: 7124115 

Valid Thru: 7124118 

HRSICEUICME: 3.010.313.0 

certificate number 

498E5BD4-325 7-11 E5-B5BC-7E70B53D13A8 

Trained & Tested at: 

~ertiftcate of ~ompletion 

Andrea Ross 

lras successfulll! cnmp-ldrlt 

DOT HazMat General & Security Awareness 

49 CFR 172.704 & Function Speclfic Training 

Tested On: 816115 

Valid Thru: 816118 

HRSICEUICME: 3.010.313.0 

certificate number 

EEl CFC20-3C7D-11 E5-B5BC-7E70B53D13A8 

~ertificate of ~ompletion 

Matt Stevens 

lrns surcessfull\! cnmpldelt 

DOT HazMat General & Security Awareness 

49 CFR 172.704 & Function Specific Training 

Tested On: 7130115 

Valid Thru: 7130118 

HRSICEUICME: 3.010.313.0 

certificate number 

EE8 7E620-3705-11 ES-BSBC-7E70B53D13A8 

~ertiftcate of ~ompletion 

Ken Ashworth 

4ns successfull\! cnmplddt 

DOT HazMat General & Security Awareness 

49 CFR 172.704 & Function Specific Training 

Tested On: 7131115 

Valid Thru: 7131118 

HRSICEUICME: 3.010.313.0 

certificate number 

SA 780244-3 7CC-11 ES-B5BC-7E70B53D13A8 

Trained & Tested at