U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF: Docket No. F AA-2015-3320 

UNITED PARCEL SERVICE, INC .. FAA Case No. 2012S0700374 

Respondent Administrative Law Judge I.E. Sullivan 

COMPLAINANT'S RESPONSE TO 

RESPONDENT'S MOTION FOR EXTENSION OF TIME AND 

CLARIFICATION OF CONSENT TO EXTENTION OF TIME 

Pursuant to Section 14 C.P.R.§ 13.218(d), Complainant, by and through the 

undersigned counsel, hereby files this Response to Respondent's Motion for Extension of 

Time, filed on March 28, 2016. In support oftbis response, Complainant offers the 

following: 

1. 

The complaint in this matter was filed on March 9, 2016. 

2. 

Pursuant to 14 C.P.R. § 13.209(a), "Writing required. A respondent shall file a 

written answer to the complaint, or may file a written motion pursuant to §13.208(d) 1 

or 

1 13 .208( d) Motion to dismiss allegations or complaint. Instead of filing an answer to the complaint, a 

respondent may move to dismiss the complaint, or that part of the complaint, alleging a violation that 

occurred on or after August 2, 1990, and more than 2 years before an agency attorney issued a notice of 

proposed civil penalty to the respondent. 

(1) An administrative law judge may not grant the motion and dismiss the complaint or part of the 

complaint if the administrative law judge finds that the agency has shown good cause for any delay in 

issuing the notice of proposed civil penalty. 

(2) If the agency fails to show good cause for any delay, an administrative law judge may dismiss the 

complaint, or that part of the complaint, alleging a violation that occurred more than 2 years before an 

agency attorney issued the notice of proposed civil penalty to the respondent. 
2 

§ 13.218(f)(I-4i of this subpart instead of filing an answer, not later than 30 days after 

service of the complaint." 

3. 

Complainant has no objection to Respondent's request for a 20-day extension to 

file an answer from the original filing deadline. However, Complainant objects to an 

extension pending the decision on whether a request for consolidation is granted. 

4. 

The Respondent provided three reasons for its request for the extension. The first 

reason is to seek consolidation with two other matters. The second reason was that 

" ... the filing of a consolidated response may require additional preparation time." The 

third reason was that "even if UPS Airlines and UPS Ground are required to respond to 

each case individually, additional time is needed to fully address the issues presented in 

this matter." 

5. 

Complainant objects to the tying of Respondent's motion for an extension of time 

to file an Answer after a decision to consolidate the cases has been reached, and in the 

alternative ask that an extension of a reasonable amount of time to answer be given 

before a motion to consolidate is considered by the court. 

(3) A party may appeal the administrative law judge's ruling on the motion to dismiss the complaint or any 

part of the complaint in accordance with§ l3.219(b) of this subpart. 

2 13.218(±) Specific motions. A party may file the following motions with the administrative law judge: 

(1) Motion to dismiss for insufficiency . ... 

(2) Motion to dismiss . ... 

(3) Motion for more definite statement . ... 

(4) Motion to strike . ... 
Respectfully submitted this ll th day of April, 2016. 

Ryan M. Landers 

Attorney 

Southern Team 

Enforcement Division (AGC-300) 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing has been mailed this date by Federal Express to: 

Federal Aviation Administration (original+ I copy in each case) 

600 Independence A venue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2 WI 000 

Administrative Law Judge J. E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

Meaghan Goodwin Boyd 

meaghan.boyd@alston.com 

Alston & Bird LLP 

1201 W. Peachtree Street 

Atlanta, Georgia 30309-3424 

FROST BROWN TODD LLC 

Winston E. Miller 

wmiller@fbtlaw.com 

Miles R. Harrison 

mharrison@fblaw.com 

400 W. Market Street, 32nd Fl. 

Louisville, KY 40202 

Paul Alp 

Crowell & Moring LLP 

1001 PennsylvaniaAve.,NW 

Washington DC 20004-2595 

GERALD A. JE 

Program Analyst 

lAf'R 1 1 2016 

Dated 

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