U.S. DEPARTMENT OF TRANSPORTATION FEDERALAVIATIONADMINISTRATION ·. 

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FEDERAL AVIATION ADMINISTRATION, Complainant
v. UNITEDPARCEL SERVICE COMPANY Respondent
TO: 

### Administrative LawJudge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (EII-310) Washington, DC 20590 

## APR 0\ 2016 

## HEAKING DOCKET

FAA Docket No. FAA 2016-4262 Judge J. E. Sullivan

UNOPPOSED MOTION FOREXTENSION OF TIME 

### Pursuant to 14 C.F.R. § 13.213(b), United Parcel Service Co. (a Delaware Corporation) ("UPS Airlines") and United Parcel Service, Inc., an Ohio Corporation ("UPS Ground" 1) 

### and, by and through their undersigned counsel hereby timely file this motion requesting an extension of time to respond by answer or motion to the Complaint filed by the FAA on March 9, 2016. In support ofthe motion, UPS Airlines and UPS Ground state that additional time to respond is needed for several reasons. First, this action, FAA Docket No. 2016-4262, is related in
numerous substantial and material ways to cases pending under FAA Docket No. 2015-3320 and

1This Complaint's caption identifies only UPS Airlines as the Respondent. UPS Airlines is an FAA-certificatedair carrier. The allegations inthe Complaint, however, are directedto UPS Ground, which is a separate company from UPS Airlines. UPS Ground is an Ohio corporation and is not an FAA-certificated air carrier, but is instead a ground transportation and logistics company. UPS Airlines' and UPS Ground'sjointmotion for extension oftime to respond to the FAA's Complaint does not waive, and the parties hereby expressly reserve, their rights to seek dismissal ofthe FAA's Complaint for failure to state a claim against UPS Airlines and/or UPS Ground.FAA Docket No. 2016-4261. UPS Airlines and UPS Ground have contemporaneously filed herewith a motion to consolidate each ofthese three actions so that the common issues presented in them canbe resolved in a consistent and efficient manner. Second, the filing ofa consolidated response may require additional preparation time, but should decrease the time to resolve the
cases individually. Third, evenifUPS Airlines and UPS Ground are required to respond to each
case individually, additional time is neededto fully address the issues presented in this matter. Counsel for UPS Ground contacted Mr. Gerald Ellis, FAA Southern Region Managing Attorney, who stated that the agency does not oppose the requested extension oftime in this and the othertwo cases. Wherefore, UPS Airlines and UPS Ground respectfully request that they be granted an extension of time to a date that is 20 days following the date upon which the motions to consolidate are either granted ordenied.
DATED: April!, 2016 Respectfully submitted,

Paul Alp CROWELL & MORINGLLP 1001 Pennsylvania Ave., NW Washington DC 20004-2595 palp@crowell.com 202- 624-2747 202-628-5116 (Fax) and FROSTBROWNTODD LLC Winston E. Miller wmiller@fbtlaw.com Miles R. Harrison mharrison@fblaw.com 400 W. Market Street, 32"ct Fl. Louisville, KY 40202 502-589-5400 (Main)
2502-568-0296 (Direct) 502-581-1087 (Fax) Counsel for United Parcel Service Co. 

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# :.e----'q-J-1~c=~~c--''E~oc-~j~J'---.'**---,Lf-/-----'-!~** Meaghan GoodwinBoyd meaghan.boyd@alston.com Alston & BirdLLP 1201 W. Peachtree Street Atlanta, Georgia 30309-3424 404.881.7245 (direct) 404.253.8510 (direct fax) Counsel for UnitedParcel Service, Inc.

3CERTIFICATE OF SERVICE The undersigned hereby certifies thattrue and correct copies ofthe foregoing were served byhand delivery orUPS Next Day Air®, as indicated below, this 1st day ofApril, 2016, to the following: Federal Aviation Administration 600 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000
Administrative LawJudge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 Andrea Michelle Harper Senior Attorney Enforcement Division, Southern Team 170I ColumbiaAvenue College Park, GA 30337
DATED: April!, 2016 (original + I copy) (viahand delivery)

·(viahand delivery)

(viaUPS Next Day Air)

Paul Alp

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