In The Matter Of: 

## SERVED: FEBRUARY 10, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ! • • ) ) ) ) ) DocketNo. DOT-OST-2014-0229 DELTA AIRLINES, INC. (Enforcement Proceeding) Respondent ORDER GRANTING THE OAEP'S MOTION FORLEAVE TO FILE SURRESPONSE, AND SETTING DEADLINE FORRESPONDENT TO FILE FINAL SURREPL Y On January 29, 2015, an Order Granting Respondent DeltaAir Lines, Inc.'s Motion for Leave to File Reply in Support ofMotion to Dismiss was filed. On February 4, 2015, the Office ofAviation Enforcement and Proceedings ("OAEP") filed a Motion for Leave to File a[Sur] Response to Delta's Reply ("Motionfor Leave"). The OAEP also concurrently filed a [Sur] Response to DeltaAir Lines' Reply in Support ofMotion to Dismiss ("Surresponse"). BriefDiscussion Pursuant to 14 C.P.R. § 302.6(b), "areply to an answer ... or any further responsive document is not authorized." However, 'otherwise unauthorized documents" may be accepted for filing "ifleave has been obtained from the ... the administrative lawjudge, onwritten 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 Motionto Dismiss. In this newMotion for Leave, the OAEPis requesting a "secondbite" opportunity to respond, when it requests opportunity to respond to the moving party'sreply. ForORDER Page 2 of3

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 ofits Motion for Leave, the OAEP points to the same good cause factors discussed inthe January 29, 2015 Order: i.e., the potentially dispositive nature ofthe Motionto Dismiss, the importance ofthe Motion to Dismiss to the future course ofthe case, the need to comprehensively address the several important questions oflaw regarding the interpretation of 49 U.S.C. § 41712(c) and 14 C.F.R. § 257.5(b), and the need to "clarifythe issues in the case, and to correct certain misstatements" made by the Respondentregarding the OAEP'sposition (Mot. Leave, 1.) This court recognizes the importance ofallowing 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 offinal reply. Pursuantto 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 Page 3 of3

3. The Respondent as the moving party, may, ifit chooses, file a final Surreply. The deadline for the Respondentto file a Surreply (ifany) is February 27, 2015. 4. After February 27,2015, ifthe courtbelieves oral argument will be helpful, it will so notify the parties. 5. For clarifications ofthis order or questions withregard 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 ListDocketNo. OST-2014-0229 SERVICE LIST ORIGINAL & ONE COPY U.S. Department ofTransportation Dockets Operations, M-30 WestBuilding, Ground Floor Room W12-10 1200 NewJersey Avenue, S.E. Washington, DC 20590 ONE COPY Mr. Blaine A. Workie Assistant General Counsel for

AviationEnforcement and Proceedings, C-70 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (W96-431) Washington, DC 20590 TEL: 202-366-9350

Mr. J. ScottMcClain Mr. Jon-Peter F. Kelley DeltaAirLines, Inc. Department 981 1030 DeltaBoulevard Atlanta, GA 30354-1989 TEL: 404-773-6514 scott.mcclain@delta.com jonpeter.f.kelly@delta.com Judge J.E. Sullivan 

### US. AdministrativeLawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. Robert Gorman Senior Trial Attorney Office ofAviation Enforcement and

Proceedings, C-70 U.S. Department ofTransportation 1200 NewJersey 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