SERVED: November 18, 2016 

U.S. DEPARTMENT OF TRANSPORTATION . F 

OFFICE OF HEARINGS OEPAR\MENl 0

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Docket No. F AJ\)Q0t\'ET3q~ERA \0NS WILLIAM A. CURTRIGHT 

Respondent 

Case No. 2014NM090046 

ORDER RESERVING THE RESPONDENT'S 

MOTION FOR SUMMARY JUDGMENT, SETTING DEADLINES, 

AND ADDING AGENDA TO THE TELEPHONE CONFERENCE 

On September 21,2016, an Order Setting a Third Litigation Scheduling Conference and 

Granting/Denying Other Relief ("September 21, 2016 Order") was filed. Among other things, 

this Order reserved the Respondent's September 19, 2016 Motion for Dismissal, and directed the 

parties to discuss discovery during a September 29, 2016 informal telephone conference, and 

then fully respond to any discovery requests on or before December 2, 2016. (September 21, 

2016 Order, 2-3 ~~ 3-9.) 

On October 31, 2016, the pro se Respondent, Mr. William A. Curtright, filed four 

documents: 1) Respondents' [sic] Motion and Memorandum for Summary Judgment ("Motion"); 

2) [Proposed] Order Granting Respondents [sic] Motion for Summary Judgment; 3) Respondents 

Request for a Ruling on Motion and Memorandum for Summary Judgment; and 4) [Proposed] 

Order Granting Respondents Request for a Ruling on Motion for Summary Judgment. 

On November 3, 2016, the FAA filed the Complainant's Response ("Response"). 

On November 14, 2016 the Respondent filed Respondents' Reply Memorandum in 

Support of Motion and Memorandum for Summary Judgment ("Reply"). Attached to the Reply 

were three (3) new Exhibits, which the Respondent identified as Exhibits 1 through 3 (instead of 

sequentially numbered as Respondent Exhibits 13, 14, and 15). 
On November 16, 2016 the FAA filed the Complainant's Motion for Partial Decision 

(Summary Judgment) ("Cross-Motion"). 

Brief Discussion 

It is well-established that when a party introduces new exhibits or evidence in a Reply, 

the non-moving party must be given an opportunity to respond. Steven Baicker-McKee et al., 

Federal Civil Rules Handbook, 1188 (Thomson Reuters 20 16). Thus, the FAA must be given an 

opportunity to respond to the Respondent's November 14, 2016 Reply Exhibits before the Court 

rules on the Respondent's Motion. The Court utilizes its discretion to set this deadline. (!d.) It is 

reasonable to set December 1, 2016 as the deadline for the FAA to respond to the Reply 

Exhibits. 

Second, it is also well established that "[b ]oth parties may seek summary judgment in the 

same action" pursuant to Federal Rule of Civil Procedure 56( a). Baicker-McKee, et al., supra, at 

1163-1164. The FAA has filed a November 16,2016 Cross-Motion. As a result, the Respondent 

must be given an opportunity to respond to the FAA's Cross-Motion before the Court rules on 

the Cross-Motion. 

Pursuant to 14 C.F .R. § § 13.211 (e) and 13 .218( d), a party has a total of fifteen ( 15) days, 

after the date of a motion served by mail, to file a response to the motion. Accordingly, the 

Respondent's Response to the FAA's Motion is due on or before December 1, 2016. However, 

because of the intervening Thanksgiving holiday, this Court will exercise its discretion under 14 

C.F.R. § 13.205 and authorize an extension oftime from December 1, 2016 to December 5, 2016 

for the Respondent to file its Response (if any) with the Court and the FAA. 

Furthermore, it should be noted that the parties are already scheduled to convene for a 

Telephone Conference on Thursday, December 8, 2016. Thus, it would efficacious to provide 

some time during the December 8, 2016 Telephone Conference for the Court to discuss with the 

parties various matters raised by the cross-motions materials, as well as to set any other needed 

deadlines before the Court rules on the cross-motions. 

Page 2 of 3 
Conclusion 

Pursuant to 14 C.F.R. §§ 13.205, 13.218([)(5), and Rule 56, and after reviewing all 

relevant caselaw, regulations, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The multiple requests for relief contained in the Respondent's October 31, 2016 Motion 

are reserved. 

2. December 1, 2016 FAA Deadline: On or before December 1, 2016, the FAA shall file 

its objection(s) (if any) to the three (3) new Respondent Reply Exhibits. 

3. December 5, 2016 Respondent Deadline: Because of the intervening Thanksgiving 

holiday, the Respondent is granted a short extension of time, until December 5, 2016, to 

file its Response (if any) to the FAA's November 16,2016 Cross-Motion. 

4. December 8, 2016 (1 :30 p.m. ET): Third Telephone Conference. The Telephone 

Conference currently set on Thursday, December 8, 2016 (1 :30 p.m.-3:00p.m. Eastern 

time) is hereby reconfirmed. The parties shall be prepared to discuss various matters 

raised by the parties' cross-motions materials, as well as to discuss any other deadlines 

needed before the Court rules on the cross-motions. The parties shall also address the 

final status of discovery as well as potential hearing dates (in the event the matters herein 

are not fully resolved by summary judgment). To access the Conference line, the parties 

shall dial 888-278-0296 and enter code 5851842. 

5. For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor at the Office of 

Hearings (202-366-6941 ). 

Attachment: Service List 

Page 3 of 3 
Docket No. F AA-20 15-1319 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 1 

Mr. David F. Shayne 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

FAX: 425-227-1007 

Dr. William Ames Curtright, DBA 

Respondent 

P.O. Box 1350 

Jefferson, OR 97352 

TEL: 503-209-7388 

FAX: 503-485-0812 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey A venue, S.E. (E 11-31 0) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.