### SERVED: November 18, 2016 U.S. DEPARTMENT OF TRANSPORTATION . 

## F OFFICE OF HEARINGS 

## OEPAR\MENl 0 0.._. WASHINGTON, DC 

## \RANSPORTA1\ "
In The Matter Of: ) ) ) ) ) 

## lU\\



## NO~ \8 

## p 2: "0 Docket No. F



# AJ\)Q0t\'ET3q~ERA **\0NS** WILLIAM A. CURTRIGHT Respondent Case No. 2014NM090046

ORDER RESERVING THE RESPONDENT'S MOTION FOR SUMMARYJUDGMENT, SETTING DEADLINES, AND ADDING AGENDATO THE TELEPHONE CONFERENCE

On September21,2016, an Order Setting a Third Litigation Scheduling Conference and Granting/Denying Other Relief("September 21, 2016 Order") was filed. Among other things, this Orderreserved 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, theprose 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 SummaryJudgment; 3) Respondents Request for a Ruling onMotion and Memorandum for SummaryJudgment; and 4) [Proposed] Order Granting Respondents Request for a Ruling on Motion for Summary Judgment. OnNovember 3, 2016, the FAA filed the Complainant's Response ("Response"). On November 14, 2016 the Respondent filed Respondents' Reply Memorandum in Support ofMotion and Memorandum for Summary Judgment ("Reply"). Attached to the Reply were three (3) new Exhibits, which the Respondent identified as Exhibits 1through 3 (instead of sequentially numbered as Respondent Exhibits 13, 14, and 15).OnNovember 16, 2016 the FAA filed the Complainant's Motion for Partial Decision (Summary Judgment) ("Cross-Motion"). 

### BriefDiscussion 

### Itis well-establishedthatwhen a party introduces new exhibits orevidence in a Reply, the non-movingparty mustbe given an opportunity to respond. Steven Baicker-McKee et al., 

### Federal CivilRules Handbook, 1188 (Thomson Reuters 2016). Thus, the FAA must be given an opportunity to respond to the Respondent's November 14, 2016 Reply Exhibits before the Court rules onthe 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 establishedthat "[b]othparties may seek summaryjudgmentin the same action" pursuantto Federal Rule ofCivil Procedure 56(a). Baicker-McKee, et al., 

### supra, at 1163-1164. The FAAhas filed aNovember 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 offifteen (15) days, after the date ofa 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 ofthe interveningThanksgiving holiday, this Court will exercise its discretion under 14 C.F.R. § 13.205 and authorize an extension oftimefrom December 1, 2016 to December 5, 2016 for the Respondent to file its Response (ifany) with the Court and the FAA. Furthermore, it should be noted that the parties are already scheduled to convene for a Telephone Conference onThursday, December 8, 2016. Thus, it would efficacious to provide some time during the December 8, 2016 Telephone Conference for the Courtto 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 of3Conclusion Pursuantto 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 reliefcontained in the Respondent's October 31, 2016 Motion are reserved. 2. December 1, 2016 FAA Deadline: On orbefore December 1, 2016, the FAA shall file its objection(s) (ifany) to the three (3) new Respondent Reply Exhibits. 3. December 5, 2016 Respondent Deadline: Because ofthe intervening Thanksgiving holiday, the Respondent is granted a short extension oftime, until December 5, 2016, to file its Response (ifany) to the FAA'sNovember 16,2016 Cross-Motion. 4. December8, 2016 (1 :30 p.m. ET): Third Telephone Conference. The Telephone Conference currently set onThursday, December 8, 2016 (1 :30 p.m.-3:00p.m. Eastern time) is herebyreconfirmed. The parties shall be preparedto discuss various matters raisedby the parties' cross-motions materials, as well as to discuss any otherdeadlines needed before the Court rules on the cross-motions. The parties shall also address the final status ofdiscovery as well as potential hearing dates (in the event the matters herein are not fully resolved by summaryjudgment). To access the Conference line, the parties shall dial 888-278-0296 and enter code 5851842. 5. Forclarifications ofthis order orquestions with regard to the procedures to be followed in this case, please contactMr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941).

Attachment: Service List Page 3 of3DocketNo. FAA-2015-1319 (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 WrightBuilding-Suite2W1000 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, OR97352 TEL: 503-209-7388 FAX: 503-485-0812 Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY

1Service 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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.