In The Matter Of: 

SERVED: FEBRUARY 10, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC ! • • 

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Docket No. DOT-OST-2014-0229 

DELTA AIR LINES, INC. 

(Enforcement Proceeding) 

Respondent 

ORDER GRANTING THE OAEP'S MOTION FOR LEAVE 

TO FILE SURRESPONSE, AND SETTING DEADLINE 

FOR RESPONDENT TO FILE FINAL SURREPL Y 

On January 29, 2015, an Order Granting Respondent Delta Air Lines, Inc.'s Motion for 

Leave to File Reply in Support of Motion to Dismiss was filed. 

On February 4, 2015, the Office of Aviation Enforcement and Proceedings ("OAEP") 

filed a Motion for Leave to File a[Sur] Response to Delta's Reply ("Motion for Leave"). The 

OAEP also concurrently filed a [Sur] Response to Delta Air Lines' Reply in Support of Motion 

to Dismiss ("Surresponse"). 

Brief Discussion 

Pursuant to 14 C.P.R. § 302.6(b), "a reply to an answer ... or any further responsive 

document is not authorized." However, 'otherwise unauthorized documents" may be accepted 

for filing "if leave has been obtained from the ... the administrative law judge, on written 

motion and for good cause shown." 14 C.P.R.§ 302.6(c). 

On January 16, 2015 the OAEP filed an initial Response to the Respondent's January 7, 

2015 Motion to Dismiss. In this new Motion for Leave, the OAEP is requesting a "second bite" 

opportunity to respond, when it requests opportunity to respond to the moving party's reply. For 
ORDER 

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ease in distinguishing between any party's two responses, the use of "surresponse" may be 

utilized. See, William C. Burton, Legal Thesaurus, Reg. Ed. 1981. · 

In support of its Motion for Leave, the OAEP points to the same good cause factors 

discussed in the January 29, 2015 Order: i.e., the potentially dispositive nature ofthe Motion to 

Dismiss, the importance ofthe Motion to Dismiss to the future course of the case, the need to 

comprehensively address the several important questions of law regarding the interpretation of 

49 U.S.C. § 41712(c) and 14 C.F.R. § 257.5(b), and the need to "clarify the issues in the case, 

and to correct certain misstatements" made by the Respondent regarding the OAEP's position 

(Mot. Leave, 1.) 

This court recognizes the importance of allowing each party an opportunity to fully 

discuss important issues. However, it should be understood that at a certain point, the parties' 

arguments must be completed, and that the moving party has the right of final reply. 

Pursuant to 14 C.F.R. §§ 302.6, 302.11, and 302.17(a)(vii), and after reviewing all 

pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory 

authority, and being fully advised: 

IT IS HEREBY ORDERED: 

1. The OAEP has established good cause to file a Surresponse. The OAEP's February 4, 

2015 Motion for Leave is granted. 

2. The OAEP's February 4, 2015 Surresponse is accepted for filing. 
ORDER 

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3. The Respondent as the moving party, may, if it chooses, file a final Surreply. The 

deadline for the Respondent to file a Surreply (if any) is February 27, 2015. 

4. After February 27,2015, if the court believes oral argument will be helpful, it will so 

notify the parties. 

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 
Docket No. OST-2014-0229 

SERVICE LIST 

ORIGINAL & ONE COPY 

U.S. Department of Transportation 

Dockets Operations, M-30 

West Building, Ground Floor 

Room W12-10 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

ONE COPY 

Mr. Blaine A. Workie 

Assistant General Counsel for 

Aviation Enforcement and Proceedings, C-70 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (W96-431) 

Washington, DC 20590 

TEL: 202-366-9350 

Mr. J. Scott McClain 

Mr. Jon-Peter F. Kelley 

Delta Air Lines, Inc. 

Department 981 

1030 Delta Boulevard 

Atlanta, GA 30354-1989 

TEL: 404-773-6514 

scott.mcclain@delta.com 

jonpeter.f.kelly@delta.com 

Judge J.E. Sullivan 

US. Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearings, M-20 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Mr. Robert Gorman 

Senior Trial Attorney 

Office of Aviation Enforcement and 

Proceedings, C-70 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (W96-413) 

Washington, DC 20590 

TEL: 202-366-9350 

robert.gorman@dot.gov 

Mr. Paul D. Clement 

Mr. Jeffrey M. Harris 

Bancroft PLLC 

1919 M Street, NW Ste. 470 

Washington, DC 20036 

TEL: 202-234-0090 

pclement@bancroftpllc.com 

jharris@bancroftpllc.com