### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF: DocketNo. FAA-2015-3320 UNITED PARCEL SERVICE, INC
.. FAA Case No. 2012S0700374 Respondent Administrative Law Judge I.E. Sullivan



### COMPLAINANT'S RESPONSE TO RESPONDENT'S MOTION FOREXTENSION OF TIME AND CLARIFICATION OF CONSENT TO EXTENTION OF TIME
Pursuantto 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 inthis 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 ofthe 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 lawjudge may not grantthe motion and dismiss the complaint or part ofthe complaint ifthe administrative lawjudge finds thatthe agency has shown good cause for any delay in issuing the notice ofproposed civil penalty. (2) Ifthe agency fails to show good cause for any delay, an administrative lawjudgemay dismiss the complaint, orthat part ofthe complaint, alleging a violation that occurred more than 2 years before an agency attorney issued the notice ofproposed civil penalty to the respondent.2 

### §13.218(f)(I-4i ofthis subpart instead offiling an answer, not later than 30 days after service ofthe complaint." 3. Complainanthas 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 extensionpendingthe decision on whether a request for consolidationis granted. 4. The Respondent providedthree reasons for its request for the extension. The first
reason is to seek consolidation withtwo other matters. The secondreason was that "
...the filing ofa consolidated response may require additional preparation time." The third reason was that "even ifUPS 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 ofRespondent's motion for an extension oftime to file an Answer after a decision to consolidate the cases has beenreached, and inthe alternative ask that an extension ofa reasonable amount oftime to answer be given before a motionto consolidate is considered by the court.

(3) A party may appeal the administrative lawjudge's ruling on the motionto dismiss the complaint or any part ofthe complaint in accordance with§l3.219(b) ofthis subpart.
2 13.218(±) Specific motions. A party may file the following motions with the administrative lawjudge: (1) Motion to dismiss for insufficiency
. ... (2) Motion to dismiss
. ... (3) Motionfor more definite statement . ... (4) Motion to strike
. ...Respectfully submitted this 

### llth day ofApril, 2016.

Ryan M. Landers Attorney Southern Team Enforcement Division (AGC-300) 3CERTIFICATE 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 2WI 000 Administrative Law Judge 

### J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590 Meaghan Goodwin Boyd meaghan.boyd@alston.com Alston & BirdLLP 1201 W. Peachtree Street Atlanta, Georgia 30309-3424 FROSTBROWN 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 

### 4