u.s. DEPARTMENT OF TRANSPORTATION REcEIVED 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION SEP 2 9 2014 

HEARING DOCKET 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

DGW, Inc., d/b/a Melrose T Top, Intl. 

Respondent. 

Docket No. FAA-2014-0546 

FAA Case No. 2013S0700205 

Judge Goodwin 

RESPONSE TO MOTION TO CHANGE HEARING LOCATION 

On August 19, 2014, the FAA filed its Complaint in this matter. Along with that 

Complaint, the FAA requested that the hearing location be set in the Louisville, Kentucky area. 

On September 4, 2014, the Judge issued a Procedural Order that, .among other things, set the 

hearing location in Louisville, Kentucky. On September 16, 2014, the Respondent moved that 

the Judge change the hearing location to Chicago, Illinois. The FAA now responds in support of 

the original hearing location. 

As the basis for its motion, Respondent argnes that it and its attorney are located in the 

vicinity of Chicago, Illinois. 1 The Respondent argues that because Lhe undersigned is not located 

in Louisville, Kentucky, it will not prejudice the FAA to have the undersigned travel to Chicago 

instead of Louisville. Respondent's motion disregards the location of witnesses other than its 

own employees. The hazardous material leak from Respondent's shipment was.detected by ·UPS 

employees at a UPS facility in Louisville, Kentucky. The Special Agent who responded to the 

1 Respondent also notes that the FAA has offices in Chicago, Illinois, and that this would be more convenient for 

Respondent, but it is unclear why the presence of FAA offices in Chicago would make a hearing in Chicago more 

convenient for Respondent. 
scene of1he leak was stationed in Louisville, Kentucky, as was the Special Agent who completed 

the investigation into the hazardous materials violations. The location of 1hese witnesses was the 

basis for the FAA's request that the hearing location be set in Louisville, Kentucky. 

The presence of three or more witnesses in 1he Louisville, Kentucky, including at least 

one 1hird-party witness, outweighs the presence of the single known witness in Chicago, Illinois 

(Chris Wiehle, Respondent's General Manager), and Respondent's attorney. The hearing 

location in this matter should remain set in Louisville, Kentucky. 

'/". 

Respectfully submitted thiQ2:_ ay of September, 2014. 

CI!Rl~ lC STE ENSON 

Attorney 

Office ofthe Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing FAA's Response to Motion to Change Hearing 

Location has been sent this date by the following methods: 

original and one copy via certified mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Washington, D.C. 20591 

one copy via certified mail and facsimile: 

Richard Williams, Esq. 

Griffin Williams LLP 

501 W. State Street, Suite 203 

Geneva, IL 60134 

fax: (630) 262-0644 

The Honorable Judge Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

fax: (202) 366-7536 

DONNA STA LEY 

Legal Assistant 

Office of the Regional Counsel 

Dated