U.S. DEPARTMENT OF TRANSPORTATION 

FEDERALAVIATIONADMINISTRATION ·. r"'"I\/ED 

oFFICE oF HEARINGs R F r, r • .. 

FEDERAL AVIATION ADMINISTRATION, 

Complainant 

v. 

UNITED PARCEL SERVICE COMPANY 

Respondent 

TO: Administrative Law Judge J. E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (EII-31 0) 

Washington, DC 20590 

APR 0 \ 2016 

HEAKING DOCKET 

FAA Docket No. FAA 2016-4262 

Judge J. E. Sullivan 

UNOPPOSED MOTION FOR EXTENSION 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 of the 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 

1 This Complaint's caption identifies only UPS Airlines as the Respondent. UPS Airlines is an FAA-certificated air 

carrier. The allegations in the Complaint, however, are directed to 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's joint motion for extension of time to 

respond to the FAA's Complaint does not waive, and the parties hereby expressly reserve, their rights to seek 

dismissal of the 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 of these three actions so that the common issues presented 

in them can be resolved in a consistent and efficient manner. Second, the filing of a consolidated 

response may require additional preparation time, but should decrease the time to resolve the 

cases individually. Third, 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. 

Counsel for UPS Ground contacted Mr. Gerald Ellis, FAA Southern Region Managing 

Attorney, who stated that the agency does not oppose the requested extension of time in this and 

the other two 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 or denied. 

DATED: April!, 2016 Respectfully submitted, 

Paul Alp 

CROWELL & MORING LLP 

1001 Pennsylvania Ave., NW 

Washington DC 20004-2595 

palp@crowell.com 

202- 624-2747 

202-628-5116 (Fax) 

and 

FROST BROWN TODD 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) 

2 
502-568-0296 (Direct) 

502-581-1087 (Fax) 

Counsel for United Parcel Service Co. 

_--c--I·J1 __ :.e----'q-J-1~c=~~c--''E~oc-~j~J'---.' ---,Lf-/-----'-!~ Meaghan Goodwin Boyd 

meaghan.boyd@alston.com 

Alston & Bird LLP 

1201 W. Peachtree Street 

Atlanta, Georgia 30309-3424 

404.881.7245 (direct) 

404.253.8510 (direct fax) 

Counsel for United Parcel Service, Inc. 

3 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that true and correct copies of the foregoing were served 

by hand delivery or UPS Next Day Air®, as indicated below, this 1st day of April, 2016, to the 

following: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

Administrative Law Judge J. E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

Andrea Michelle Harper 

Senior Attorney 

Enforcement Division, Southern Team 

170 I Columbia A venue 

College Park, GA 30337 

DATED: April!, 2016 

(original + I copy) (via hand delivery) 

·(via hand delivery) 

(via UPS Next Day Air) 

Paul Alp 

4