# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

## JAN 092017 OFFICE OF HEARINGS

WASHINGTON, D.C. 

## HEARING DOCf<ET
Inthe matter of: PUERTO RICO POLICE DEPT. Respondent ) ) ) ) ) ) FAA DocketNo. FAA-2013-1086 Case No. 2011S0190181 Judge J.E. Sullivan
RESPONSE TOMOTION REOUESTING EXTENSION OF TIME As described in the FAA's Motion to Compel, the Respondent did not timely respond to the FAA's November 1, 2016 discovery requests and did not respond to the FAA's December 15, 2016 attempt to contact Responde!!! about the lack ofa response. After the FAA placed its Motion to Compel in the mail on December 20, 2016, the FAA received from Respondent a

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**~** ,·, ••..,, ·, ! I. '•-:' ' . .· . ,.. .- Motion Requesting Extension ofTirn'e. 1 Respondent's



### reque~t

## for

# an extension' oftiine appears

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**.~** '.1 ':' _. "".- _ , , ,' ' __ ··:- ., , . I moot. To the extentthatit is notmoot, the FAA opposesiuiy funher extension. 

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# .. Respondent's Motion Requesting an Extension ofTime was, based on the December 7, 2016, signature date on the document, sought an extension of20 days from the original due date of the discovery responses (from December 9, 2016 to December 29, 2016). Ifthe Motion is taken as requesting a 20-day extension from the mailing date ofthe Motion, then an additional 20 days would extend the due date to January 5, 2017. Given that a motion conference on this subject is scheduled for January 11, 2017, Respondent's request for an extension oftime appears moot. To the extent that Respondent's request istitk:en to encompass any period oftime after January 11, 2017 in lieu ofgranting the FAA'sMotionto'

### COinpel, the FAA opposes thatreque'st.

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1 Althoughthe Certificate ofService on the Motion Requesting Extension ofRime is dated onDecember 7, 2016, the copy received bythe FAA was postmarkedDecember 16, 2016. 1As evidenced by the December 7, 2016 signature date on its request for extension of time, Respondent was aware as ofthat date that it was not going to be able to timely respond to the FAA's discovery requests. However, Respondent did not at that time contact the FAA or the courtto address the situation. Nor did Respondent respond to the FAA when contacted about its failure to timely respond to the FAA's discovery requests. Respondent has provided no explanation ofwhat information needs to be compiled or verified for it to respond to the FAA's discovery request, 

### see Motion Requesting Extension ofTime

**~** 2, or an explanation ofwhy this information still needs to be gathered and verified more than two years after the commencement of this litigation. Further, even if Respondent legitimately cannot respond to some discovery requests, Respondent has provided no explanation for why it has provided no response to any discovery request. While the FAA acknowledges that, ifthe Judge grants the FAA's motion to compel, that grant will necessarily come with some additional time for the Respondent to respond, such additional time should be minimal and should come only under an order compelling compliance, rather than as part of a distinct extension of time (to possibly be followed by arenewed motion to compel). Respectfully submitted this 3rd day ofJanuary, 2017,

CHRISTOPHERR. S VENSON Attorney Office ofthe ChiefCounsel, EnforcementDivision 1701 ColmnbiaAvenue, College Park, GA 30337 email: chris.stevenson@faa.gov Telephone: ( 404) 305-5200 (main) (404) 305-5208 (direct) (404) 305-5223 (facsimile)



### 2CERTIFICATE OF SERVICE I hereby certifyihat onthis date, I have sent by U.S. Certified Mail- return receipt requested and facsimile, a copy ofihe foregoing Response to Motion for Extension ofTime in the matter ofPuerto Rico Police Department, FAA DocketNo. FAA-2013-1086, Case No. 2011S0190181, to: NazihraM. Abdulrahrnan Soler Office ofLegal Affairs Puerto Rico Police Department P.O. Box 71200 San Juan, PR00936 fax: (787) 781-7993 The Honorable J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation (one copy via certified mail and one facsimile)

1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 fax: (202) 366-7536 In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return receiptrequested, the original and one copy ofthe foregoing documentto: Hearing Docket Federal AviationAdministration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000



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**~~RALDJENN** GS ProgramAnalyst 

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