# u.s. DEPARTMENT OF**TRANSPORTATIO_?~** _ .. OFFICE OF HEARINGS 

# 4"\CC-
- __ 11:::1 WASHINGTON, D.C.**~** IN THE MATTER OF EMPIRE FLIGHT ACADEMY

FDMS No. FAA-2011-0290 

## JUN 2;] 

# ftEARING -

ChiefAdministrative Law Judge Ronnie 

### A. Yoder 

### AGENCY'S REOUEST FOREXTENSION OF TIME TO RESPOND TO RESPONDENT'S MOTIONFORDECISION COMES NOW the Agency, by and through its designated representative, the Regional Counsel for the EasternRegion and his duly designated agents, and moves for an II-day extension to respond to Respondent's Motion for Decision (hereinafter "the Motion for Decision"). In support ofthis request, the Agency submits as follows: (1) The Motion for Decision was served onJune 3, 2011 and thus, under 14 CFR Section 13.218(d), the Agency had 10 days to file an answer, or until June 13,2011. (2) Counsel for the Agency, however, overlooked receipt oftheMotion for Decision, confusing it with the Motion for Partial Summary Judgment thathad been filed by Respondent in the same casejustthree days before, onMay 31, 2011. That this was an oversight is evidenced bythe fact thatthe Agency requested an extension oftime to respond to the Motion for Partial Summary Judgment on June 6, 2011, but made no mention ofthe Motion for Decision. Had Agency counsel been aware ofthe additionalmotion, he could have easily included a request for an extension oftime to respond in the same motion. (3) Had Agency counsel been aware ofthe Motion for Decision at the time it was served, he would have required an extension oftime for the same reasons set forth in the request for an extension oftime to respond totheMotionforPartial Summary Judgment, specifically the fact that Agency counsel was on leave for most ofthe week ofJune 6-10, and the unavailability during the relevant time frame ofLouis Misiano, with who Agency counsel need to confer. (4) Since the Agency has been granted an extension until June 24, 2011 to respond to the Motion for Partial Summary Judgment, it is only fair that it be granted an extension tothe same date to respond to the Motion for Decision. (5) Agency counsel first became aware ofthe existence ofthe second motion late on June 14, 2011, and immediately sent an email on the same date toRespondent's counsel inquiring as to whetherhe would object tothe extension, but has received no response (6)Given the procedural schedule that has been adopted in this case, the II-day extension would not prejudice Respondent. WHEREFORE, the Agency requests that it be granted an II-day extension, to June 24,

22011, to file an answerto the Motion for Decision. Respectfully submitted, ALFRED R. JOHNSON, JR. REGIONAL COUNSEL

By:

# ~~ Zacha . Berman Attorney Date: June 15, 2011

3CERTIFICATE OF SERVICE I hereby certifY that I have this date sent via facsimile and first class mail a copy ofthe foregoing AGENCY'S REQUEST FOREXTENSION OF TIME TO RESPOND TO RESPONDENT'S MOTIONFORDECISIONto: Gregory S. Winton, Esq. One Research Court, Suite 450 Rockville, MD 20850 Telefax: (301)294-2525 The Honorable Ronnie 

### A. Yoder ChiefAdministrative Law Judge U.S. Department ofTransportation Office ofHearings, M-20, Room E12-320 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 Telefax: (202)366-7536 I hereby certify that I have this date sent via first class mail a copy ofthe foregoing AGENCY'S REOUEST FOREXTENSION OF TIME TO RESPOND TO RESPONDENT'S MOTIONFORDECISIONto: Federal AviationAdministration 800 Independence Avenue, S.W. Washington, D.C. 20591 Att. Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2WlOOOO Date: June 15,2011

# ~e..MAAV Marianna Perero Paralegal Specialist 1Aviation Plaza Jamaica, NY 11434



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