# ~**1llsour~** Pillsbury Winthrop Shaw Pittman LLP 2300 N Stree-t, NW 1

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### September 4, 2014 VIA FEDERAL EXPRESS AND FACSIMILE Hearing Docket Federal Aviation Administration Attn: Hearing Docket Clerk,

**AGC~430** 

### Wilbur Wright Building, Suite 2W1000 800 Independence Avenue, SW Washington, DC 20591 FAJ<: 202-493-5142 Rebecca Carr Rizzo tel202.663.9143 rebecca.rizzo@pillsburylaw.com



### Re: Respondent's Motion to Extend Discovery Deadline FAA Case No. 2012CE430011 To Hearing Docket Clerk: Enclosed herein please find the original and one copy ofRespondent Learjct, Inc.'s Motion to ExtendDiscovery Deadline in the above-referenced proceeding. The Administrator has taken no position on this Motion.

wvvw.pillsburylaw.com 501447148v1UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION WASIIINGTON, DC

IN THE MATTER OF Served: September4, 2014 FAADocketNo. CP10CE0003 DMS No. FAA-2014-0113 FAA CaseNo. 2012CE430011 LEARJET, INC. Judge: Richard C. Goodwin LEARJET, INC.'S MOTION TO EXTEND DISCOVERYDEADLINE Pursuantto 14 C.P.R. §§ 13.213, 13.218 and the Amended Procedmal Order inthis matter, Respondent Learjet, Inc. ("Lcarjct"), by counsel, respectfblly moves the Administrative Law Judgefor an extension ofthe discovery deadline from September 26,2014, to October 24, 2014, stating as follows: 1. Learjetpreviouslyrequested, a11d the Administrative LawJudge granted, an extension ofthe discovery deadlineinthis case to September 26, 2014, to penni!tht; patiies sufficient time to complete andreview the written discovery prior to the depositions inthis case. 2. After receipt ofthe Amended Procedural Order on June 25, 2014, counsel for Learjet worked with co1.msei for Complainant to :find mutually-agreeable deposition dates. On July 16,2014, Learjet noticed the depositions in this matter for August 25-27, 2014, after learningthat earlierproposed dates were difficult for one ofthe Complainant's witnesses. 3. Within several weeks, however, Learjet's lead counsel, Kenneth Quim1, encountered threeunavoidable conflicts with these August deposition dates. First, inhis capacity as General Com1sel ofthe Flight Safety Foundation ("FSF"), onAugust 1, 2014, he was appointed to the International Civil Aviation Organization ("ICAO") TaskForce onRegional ConflictZones, now chairedbyhis client, FSF Chainnan DavidMcMillan. Supporting this effort

5014469llvland travelling to/from Montreal in August consumed significant time. Second, on August 6, 2014, 

### Mr. Quinnwas called uponto go to Tokyo and Kyoto from August 19 to 25,2014, for meetings withhis client GS Yuasa, the battery manufactmer, in connection withthe final reports ofthe 

### JTSB andNTSB on the B787 incidents and grounding. Third, on August 14,2014, Mr. Quinnwas appointed to an Experts Committeefor the new Shanghai lntemationalAviation Court ofArbitration, and asked to attend its inaugural ceremony and first meetingin Shanghai on August 27-28, 2014, which directly conflicted with tl1e deposition dates. Inlight oftl1ese conflicts, Leatjetwas forced to cancel the August depositions. 4. OnAugust 7, 2014, Leatjet's counsel reached out to counsel for Complainant to advisehim oftl1ese conflicts and to request, for the first time, that the depositions be rescheduled. OnAugust 29, 2014, Learjet re-noticed tl1e depositions 

### for September 10-12,2014. However, on September 2, 2014, com1sel for the Complainunt notifted counsel for Lealjetthat he atld two ofthe deponents were unavailable onthose dates. 5. Despitetheirbest efforis, theparties havebeenunableto find mutually-agreeable alternative dates for the depositions pliorto tl1e September26,2014 discovery deadline, Learjet, however, has been able to confirm thatthe parties, ccunscl, and the deponents are all available for depositions on October 6-8, 2014. 6, To provide Lcatjct the opportunitytake tl1e depositions ofthe threewitnesses identifiedby the Complainant in advance ofthe healing on dates agreeable to both thepariies and the deponents themselves and to provide two additional weeks ofdiscovery in the event that any discoveryissues arise at the depositions, Learjet requests that the discovery deadlinebe postponedbyfour weeks.

2 501446911vlWHEREFORE, Learjet respectfully requests that the discovery deadline be extended from September 26,2014, to October 24,2014,

Dated: September 4, 2014

3

5014469llvl

# By:l~J-~- PILLSBURYWINTHROP SHAW P!TTMANLLP 2300 N Street, NW Washington, DC 20037-1122 (202) 663-8898 

### Fax: (202) 663-8007 Counsel fi;r Lemjet, Inc,CERTIFICATE OF SERVICE I hereby cettifythat the foregoing Motionhasbeen sent viafacsimile and Federal Express to the followingrecipients: TheHonorableRichard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Je1·sey Avenue, S.E. (Ell-310) Washington, DC 20590 Attn: Patricia Matthews FAX: 202-366-7536 David Kessler Federal AviationAdministration 901 Locust Street, Room 506 Kansas City, MO 64106 (816) 329-3763; Fax (816) 329-3771 

### Counsel for 

### Complainant

I fmther certifythat the original Motion, and one copythereof, was sentby Federal Express and one copyby facsimile to the following recipient:
Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attention: HemingDocket Clerk, AGC-430 WilburWright Building, Suite 2Wl000 FAX: 202-493-5142

Dated this 4thday ofSeptember, 2014

50l4469l!vl 4Pillsbury Winthrop Shaw Pittman LLP 2300 N Street. NW 1 Washington. DC 20037-11221 tel 202.663.8000 

### Ifax 202.663.8007 

### Date: To: From: Subj: Total September 04, 07:04:07 PM EDT 12024935142 kathleen.husoskey@pil1sburylaw.com

Fax for Hearing Docket Clerk, AGC pages: 7 430 FACSIMILE

Attached please find a fax from Rebecca Carr Rizzo in connection with FAA Case No. 2012CE430011. Kathleen A. Husoskey 

### I Pillsbury Winthrop Shaw Pittman LLP Legal Secretary 2300 N Street, NW 1 washington, DC 20037-1122 t 202.663.8175 1 f 202 sn azs3 kathleen.husoskey@pillsburylaw.com 

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Date: September 4, 2014 Must Be Sent By: To: Hearing Docket Clerk, AGC Fax No 430 Company: FAA Phone No: Confirm: Confirmed By:

From: Rebecca Carr Rizzo Phone No: Email:

**rebecca.rizzo@pillsbur~ylaw.com** Fax No: User No: 54632 CIM No: Comments: See attached Updated Deposition Notices Re: FAA CaseNo. 2012CE43001 l 202-493-5142

202.663.9143 202.663.8007

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