### u.s. DEPARTMENT oF TRANSPORTATimR

# ECEIVED FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS WASHINGTON, DC 

## FEB2 62013 

## HEARINGDOCKET
In the Matter of: Martinaire Aviation, LLC Respondent

JUDGE GOODWIN ) ) ) ) ) ) ) ) FAA DOCKET No. FAA-2013-0040 FAA Case No.2011SW700189 (Civil PenaltyAction) FDMS No. FAA-2013-0040

JOINT MOTION TO EXTEND TIME FOR DISCOVERY NOW COMES the Federal Aviation Administration (hereinafter "FAA") and Martinaire Aviation, LLC pursuant to Rule 217 of the Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. § 217, Joint Procedural or Discovery Schedule and hereby request the Administrative Law Judge to extend the discovery deadline to June 5, 2013. In support of this joint motion the parties state the following: 1. Under Judge Goodwin's Procedural Order discovery closes on April 5, 2013. The agency attorney, James Archier, and counsel for the Respondent held a telephone conference on February 25, 2013 to discuss various discovery issues. The parties agreed that additional time is necessary to reschedule complainant's pending depositions and to complete other discovery, including interrogatories, request to produce and request to admit facts. 2. The parties request a new discovery closure date of June 5, 2013. Repondent's attorney, his client and witnesses will not be available on the following dates: March 20-April 15, 2013 April 29-May 3, 2013 June 5-15, 2013 July 3-7, 2013 August 1,-September 5, 2013 September 23-28, 2013 October 30-November 3, 20133. On February 14, 2013, the FAA noticed the depositions of Cory SmithandMichaelBates for March 7, 2013 andMarch a, 2013. The witnesses areunavailable onthesedates and the alternative dates respondentproposedare not convenient for the FAA attorneybecause of scheduledpreparations forwitnesses in upcoming depositionsduringthemonth ofMarch. 4. Adiscoveryclosuredate ofApril 5, 2013 would create hardship for the clients ofboth attorneys. WHEREFORE, the attorney for the FederalAviationAdministration and the attorney forMartinairejointlyrequest that the AdministrativeLaw Judge enteranOrderextendingthe discovery closure date toJune s, 2013. Respectfully submitted this**25~** day of February, 2013.

ERIC E. ANDERSON Regional Counsel SouthwestRegion 

## '

Aviation, LLC

2CERTIFICATE OF SERVICE Re: Martinaire Aviation, LLC, FAA Case No. 2011SW700189
I hereby certify that on this date, I have sent via Federal Express an executed original and one copy of the Joint Motion to Extend Time for Discovery, addressed as follows:

Federal Aviation Administration Attention: Hearing Docket, AGC 430 600 Independence Avenue, SW Washington DC 20591 Wilbur Wright Building-Suite 2W1000 Washington, DC 20591 (original plus one copy) (Federal Express)

I further certify that on this date, I have sent via Federal Express a true copy of the Joint Motion to Extend Time for Discovery, addressed as follows: The Honorable Richard C. Goodwin Administrative Law Judge Office of Hearings, M-20 Department of Transportation 1200 New JerseyAvenue, S.W. Washington, DC 20590 FAX: (202) 366-7536

(FAX and Federal Express)

3I further certify that on this date, I have sent via Federal Express a true copy of the Joint Motion to Extend Time for Discovery addressed as follows: Mr. Michael L. Dworkin and Associates Law Offices 465 California Street, Suite 210 San Francisco, California 94104-1808 (Federal Express)

ERIC E. ANDERSON Regional Counsel Southwest Region



### 4 Dated February 25, 2013