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Rusty Rinehart, Esq. (SBN. 

Rinchart Law Offices ., 

2105 S. Bascom Ave., Ste. 340 ' 

Campbell, CA 95008 

408-871-2696 

Patnck K. Tillman, Hsq. (SBN 112129) 

Law Office of Patrick K. Tillman 

2021 The Alameda, Suite 160 

San Jose, CA 95126 

Phone: 408/615-9670 

TOPERATiONS 

-EftRiNG DOCKET 

Attorneys for Respondent, 

Ed Staub & Sons Petroleum, Inc. 

^^o/^AWA-CPPHi//y 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

VSED STAUB & SONS PK TROLEUM, INC. 

Respondent. 

FAA Docket No.: TBA 

Judge: Richard C. Goodwin 

MOTION TO: 

1. Continue Hearing DaU 

1, Continue Discovery Cutoff 

Hearing Date: 06-01-11 

Discovery Cutoff: 06-01-11 

INTROOliCTION 

On 04-11-11, via the Procedural Order, the hearing date and the discovery cutoff 

date were set for 06-01-11. Respondent needs more time to propound and complete 

discovery. The case is relatively new; the parties, witnesses, documents, and attorneys are 

in multiple states. The proposed civil penalty is KOI ,500. 
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CHRONOLOGY 

Pate item 

12-22-09 1''alleged violation 

12-29-09 2'"' alleged violation 

02-10-11 Final Notice of Proposed Civil Penalty 

02-23-11 Objections to Civil Penalty 

03-09-11 Complaint served 

04-06-11 Answer filed 

04-11-11 Procedural Order served 

POINTS AND AUTHORITIES 

1. Timely Motion. A Motion to continue a hearing date must be filed and served 

thirty (30) days before the hearing. (14 CFR 13.218) No specific regulation addresses 

discovery cutoffe. It stands to reason the same regulation, above, applies. The hearing and 

discovery cutoff is cuirently set tor 06-01 -11. 

2- Timing. On or about 04-11-11, the U.S. Department of Transportation Office 

served Respondent with its Procedural Order, setting the hearing date and discovery cutoff 

date as 06-01-11. The Order itself violates 14 CFR 13.221, requiring sixty (60) days notice. 

No discovery has been propounded. Trial counsel was recently retained. A 

reasonable time for responding to discovery is thirty (30) days. Objections, Motions to 

Compel, and rulings thereon are anticipated. But assuming cooperation, discovery should 

be completed within ninety (90) days. 
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3. Good Cause to continue hearing and discovery cutoff. 

a. Retention of trial counsel. Trial counsel for Respondent was retained 

on or about 04-06-11, after multiple attempts by Respondent and their transactional counsel 

to settle the matter. 

b. Limited time to prepare. Assuming all FAA documents have been 

produced, not enough time has been allowed for Respondent to obtain all needed 

documents (or use subpoena authority to obtain them) from third-parties Valvtect and UPS, 

and/or to coordinate wimesses. Witness availability is already a problem. Also see "2. 

Timing", above. 

c. Needed discovery (not exclusive): 

i. Request for Admis.sion: 

- UPS pick-up & delivery procedures - regular delivery. 

- UPS pick-up & delivery procedures - UPS 3-day Select. 

- UPS disclosures to Respondent 

- Packaging procedures dictated by VaMect 

- Packaging supplied by Valvtect 

- UPS labeling dictated by Valvtect 

- UPS labeling supplied by Valvtect 

- UPS delivery paid for by Valvtect 

- Valvtect admitted responsibility for all allegations of 

Complaint 

- Respondent does not control packaging of samples of 

diesel fuel sent to Valvtect 

- Respondent does not control delivery of samples of diesel 

fuel sent to Valvtect 
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ii. Request for Production of Documents 

- FAA's entire discoverable file(s) 

- Valvtect Policies and Procedures for delivery of diesel 

fuel samples 

- Valvtect records of sales to Respondent 

- Valvtect records of diesel samples received from 

Respondent 

- Valvtect billing records 

- Valvtect correspondence to & from Respondent 

- Valvtect correspondence to & from UPS re: reinstatement 

as customer (Note: Valvtect was tenninated as a 

UPS customer as a result of the allegations 

particular hereto. They had to re-apply to continue 

using their service) 

iii. Depositions: 

1. Valvtect employee. (See Exhibit I) 

2. Valvtect PMK re: Policies and Procedures tor shipment 

of diesel samples. 

3. UPS delivery persons(s) for 12-23-09 and 12-29-09 

d. Minimize Expense. 

i. Subpoenas to appear. Valvtect personnel are situated in Northbrook, 

Illinois. At least two (2) of their employees are needed to testify. Focusing their testimony 

and/or obtaining useable declarations will expedite the trial. The same rationale applies for 

multiple UPS employees. 

ii. Respondent's counsel (2) are situated in San Jose, California. The 

hearing will probably take +3 days. Coordinating both schedules and having all available 
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vkfiinesses and documents is necessary and desirable for a proper presentation. Multiple 

trips should be avoided. The extra time would allow for this. 

iii. Hearing time should be limited to admissible evidence ready for 

presentation. Without proper discovery, testimony and foundational issues will be lengthy; 

cross-examination even more so. 

CONCLUSION 

The hearing and discovery cutoff was set too soon. Respondent needs time to 

prepare. The FAA has used over one (I) year to prosecute this case, using their authority to 

gather what they needed. Respondent, on the other hand, had no authority to force 

discovery and had high hopes this would all go away; consequently, '"evidence'' was not 

gathered. A reasonable period to do so is not unwairanied or undesirable. 

Respondent requests the hearing date and discovery cutoff be set for a date after 09-

01-11. 

Dated: C^-D^ - U 

P^wick K. Tillman, Attorney for Kespojidcnt 

Ed Staub & Sons Petroleum, Inc. 

Stuub.Ml(>Conniiiic(H2'tl I 
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CER'IIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing MOTION TO: 1. Continue Hearing Date 

and 2. Continue Discovery Cutoff has been mailed this date by Certified Mail, Return 

Receipt Requested, to the following: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, GA 30320 

ADDRESS IF SENDING BY US MAIL 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

=--^ , 

Anna M. Roque 

Dated 

Stauh.Oenific ofSvc (M7.SI 1