U.S. DEPARTMENT OF TRANSPORTATION FEDERALAVIATIONADMINISTRATION OFFICE OF HEARINGS

FEDERALAVIATION ADMINISTRATION, Complainant


### v. UNITED PARCEL SERVICE CO. Respondent
TO: Administrative Law Judge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 FAADocket No. FAA2016-4261 Judge J. E. Sullivan

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 3, 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. 2016-4261, 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 allegations in !he 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-certiiicated 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 ofihe FAA's Complaint for failure to state a claim against UPS Airlines and!or UPS Ground.FAA Docket No. 2015-3320. UPS Airlines and UPS Ground intend to seek consolidation 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 neededto fully address the issues presented in this matter. An Administrative Law Judge has not yet been appointed in FAA 2016-4262 or FAA 2015-3320. UPS Airlines and UPS Ground intend to file similar motions for extensions oftime in those two cases and file motions to consolidate in all three actions once an Administrative LawJudgehas been appointed in each ofthem. 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 forthcoming motions to consolidate are either granted or denied.
DATED: March 28,2016 Respectfully submitted,

CROWELL & MORlNG LLP 1001 PennsylvaniaAve., NW Washington DC 20004-2595 palp@crowell.com 202- 624-2747 202-628-5116 (Fax) and FROSTBROWN TODD LLC WinstonE. Miller wmiller@fbtlaw.com Miles R. Harrison mharrison@fblaw.com 400 W. Market Street, 32"d Fl.
2Louisville, KY 40202 502-589-5400 (Main) 502-568-0296 (Direct) 502-581-1087 (Fax) Counsel for United Parcel Service Co. 

### ll.y**U!~Jhof**

# ~~~-=-----c-'-------l"-----f--'-1."'-~**j~''­** Meagha Goodwin Boyd 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 United Parcel Service, Inc.

3CERTIFICATE OF SERVICE Theundersignedhereby certifies that true and correct copies oftheforegoing were served byhand delivery orUPS Next DayAir®, as indicatedbelow, this 28th day ofMarch, 2016, to the following: Federal Aviation Administration 600 Independence Avenue, SW Washington, DC 20591 Attention: HearingDocketClerk, AGC-430 WilburWright Building-Suite2W1000
AdministrativeLawJudge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 James H. Dtmfee Jr. Attorney EnforcementDivision, SouthernTeam 1701 ColumbiaAvenue College Park, GA 30337
DATED: March 28,2016 (original+ 1 copy) (viahand delivery)

(viahand delivery)

(viaUPS NextDayAir)

Paul Alp

4