U.S. 

### DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS j

# 1Ff'l=

# I

# vED

FEDERALAVIATION ADMINISTRATION, Complainant


### v. UNITED PARCEL SERVICE COMPANY Respondent
TO: Administrative LawJudge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 

## APR 012016 

## HEARING DOCKET

FAA Docket No. 

### FAA2015-3320 Jndge 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 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. 2015-3320, is related in
numerous substantial and material ways to cases pending under FAA DocketNo. 2016-4262 and

1 This Complaint's caption identifies only UPS Airlines as the Respondent. UPS Airlines is an FAA-certificated air carrier. The a11egations in the Complaint, however, are directed to UPS Ground, which is a separate company from UPS Airlines. UPS Ground :s 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 \Vaive, 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 motionto consolidate each ofthese three actions so that the commonissues presented inthem can be 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, even ifUPS Airlines and UPS Grmmd are required to respond to each
case individually, additional time is needed to fully address the issues presentedinthis 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 inthis 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 PennsylvaniaAve., NW Washington DC 20004-2595 palp@crowell.com 202-624-2747 202-628-5116 (Fax) and FROSTBROWN TODD LLC WinstonE. Miller wrniller@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.

# -------"-1-1--=-.e_'i"-1--J~-=-------'l"--"t?J'-;r'& J'-'--,

# ----~---1-~~

# rrMeaghan Gd6dwin Boyd rneaghan.boyd@alston.corn 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 undersignedhereby certifies thattrue and correct copies ofthe foregoing were served byhand delivery or UPS NextDay Air®, as indicatedbelow, 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-Suite2Wl000
Administrative LawJudge J. 

### E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Ryan Landers Attorney Enforcement Division, Southern Team 1701 Columbia Avenue College Park, GA 3033
DATED: April!, 2016 (original+ 1 copy) (viahand delivery)

(viahand delivery)

(viaUPS Next Day Air)

Paul Alp

4