IN THE MATTER OF UNITED STATES OFAMERICA DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED

HEARING DOCKET

IXL PremiumLubricants, Inc., ) ) ) ) ) ) ) RESPONSE TO COMPLAINANT'S SECOND DISCOVERYREQUESTS FAACaseNo. 2014NM720059

DocketNo. 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 UnitedParcel Service air waybill number 1ZW819670494003174. ANSWER: IXLhas been unable to identify which ofits employees preparedthe 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 ofthe product manufactured atthattime.

1Responses 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, butnot limited to: Invoices, Shipping papers, Waybills, Packing slips, "Hazardous Material & Dangerous Goods Shipment Checklist[s]," and "Hazardous Material & Dangerous Goods ShipmentTracking 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. REQUESTNO. l0: Provide a complete copy ofall e-mails or other documents forwarded

orreferenced inthe e-mail described inRequest for ProductionNo.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.

2REQUEST NO. 11: Provide a complete copy ofall "Preparing and Shipping Hazardous Materialand Dangerous Goods Test[s]" completedby any IXL employee or agent for IXLfor the periodJuly 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 shipperby UPS (United Parcel Service). RESPONSE: IXLhas previouslyprovidedthese materials to the FAA. REQUEST NO. 13: Provide a complete copy of all documents relating to approval of IXL as a HAZMAT shipperbyUnishippers. RESPONSE: IXLhas previouslyprovidedthese materials to the FAA. REQUEST NO. 14: Provide copies ofall 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 ofall records relating to HAZMAT training kept by IXL as requiredby49 C.P.R.§ 172.704(d). RESPONSE: Attached.

3REQUEST NO. 16: Provide a copy ofthe Material Safety Data Sheet for the particular formulation of IXL Premium Gas Treatment shipped by IXL under United Parcel Service air waybillnumber 1ZW819670494003174. RESPONSE: IXLhas previouslyprovidedthese materials to the FAA. REQUEST NO. 17: Provide a copy ofthe shipping paper for the package IXL shipped under United Parcel Service air waybill number 1 ZW819670494003174, as required to be kept by IXLby49 C.P.R.§ l72.201(e). RESPONSE: IXLhas notlocatedthis 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 ofthe shipping paper for the package under 49 C.P.R.§ 172.602(b)(3)(i). RESPONSE: IXLhas not locatedthis document. Responses to Requests forAdmissions REQUEST NO. 27: Admit an employee ofiXLprepared the package IXL shipped under UrJted Parcel Service air waybill nurnber 1ZW819670494003174. RESPONSE: Admit REQUESTNO. 28: Admit thatthe IXL employee that prepared the package IXL shipped under United Parcel Service air waybill number IZW819670494003174 did not receive any training regardingthe shipping ofhazardous materials before July 4, 2014. RESPONSE: Deny. IXL employees have receivedtraining. REQUESTNO. 29: AdmitthatJordan Olsenis an employee ofiXL.

4RESPONSE: Admit. REQUESTNO. 30: Admitthat 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 withinMr. Olsen's scope ofwork. REQUEST NO. 32: Admit that Jordan Olsen did not receive any training regarding the shipping ofhazardous materials before July 4, 2014. RESPONSE: Admitthat Mr. Olsenreceived no training outside the scope ofhis work and deny all other allegations. REQUESTNO. 33: Admitthat KennyAshworth is an employee ofiXL. RESPONSE: Admitthat KennyAshworth is a contractor for IXL. REQUESTNO. 34: Admitthat KennyAshworth 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 underUnited Parcel Service air waybillnumber 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, andthe information known to or readily obtainable by IXL is insufficient to enable it to admit or deny the matter.

5REQUEST NO. 36: Admit that Kenny Ashworth did not receive any training regarding the shipping ofhazardous materials before July 4, 2014. RESPONSE: Deny. Mr. Ashworth has receivedtraining. REQUEST NO. 37: Admit that the bottle ofIXL 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 AdmissionNo. 12. RESPONSE: Admit REQUEST NO. 38: Admit that Exhibit I is a true and accurate copy of a letter sent by Jordan Olsen on behalfofIXLto Richard Odekirk ofthe FederalAviationAdministration. RESPONSE: As no Exhibit 1 was attached to these discovery requests, the information knownto or readily obtainableby IXL is insufficient to enable itto admit or denythe matter. DATED: August 

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# S, 2015

Operations, IXL

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## ~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 498E5BD4-3257-11 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 EElCFC20-3C7D-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 EE87E620-3705-11 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 SA780244-37CC-11 ES-B5BC-7E70B53D13A8 Trained & Tested at