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RECEIVeo 

U.S. DEPARTMENT OF TRANSPORTATION M 2 4 

OFFICE OF HEARINGS AY ., 2012 

WASHINGTON, DC HEARING DOCKET 

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In the Matter of: 

FROSTAD ATELIER, INC. 

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FAA Docket No. Not Assigned 

FDMS NO. FAA-2011·0294~;:~~:: 

ALJ-GOODWIN ···' 

TO: Honorable Richard C. Goodwin and Respondent, through counsel 

OPPOSITION TO RESPONDENT'S MOTION 

TO CONTINUE HEAR INO 

The Complainant, through counsel, pursuant to Rule 13.218(d) of the Rules of Practice in 

FAA Civil Penalty Actions (14 C.F.R. 13.218(d)), files this opposition to Respondent's motion 

to continue the hearing. This Opposition is made on the grounds that a continuance of this matter 

will not promote judicial economy and justice. 

In this Court's February 28, 2012 Notice of Hearing Dates, the parties were noticed to be 

prepared to present this case at a hearing on June 13 and 14, 2012, in San Francisco, California. 

On May 1 1, 2012, 30 days before the hearing, counsel for Respondent requested a 

continuance on the basis that Respondent's counsel may have surgery1 the first or second week of 

June, depending upon insurance authorization. At no time before filing the request for 

continuance did Co Wise] for Respondent contact the undersigned to discuss a continuance or 

alternative dates. (The first scheduled hearing in this matter was contjnued upon Respondent's 

request, opposed by Complainant.) 

Rule 11.218(c) of the Rules ofPractiee in FA~ Civil Penalty Actions (14 C.P.R. 

13.218(c)) slates in relevant part: "Unless othctwise agreed by the parties or for good cause 

shown, a party shall file any pre~earing motion, and shall serve a copy on each party, not later 

I ·Perhaps· e Jective surgery. 
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than 30 days before the hearing." Respondent has not shown good cause; this Ct)urt gave 

reasonable, more than 60-days~ notice ofthc hearing in this matter. 

Further, Complainant will be prejudiced by a continuance. Arrangements have been 

accomplished for travel, hotel, and attendance of Complainant's two witnesses: FAA Special 

Agent Beverly A. Farris, the agent who investigated the subject hazardous material offer for 

shipment at the Louisville, Kentucky airport, and Krista Hynes, the Southwest Airlines employee 

who, after notice from TSA, retrieved the hazardous materials from Respondent's checked 

baggage at the Louisville, Kentucky airport. (On March 9, 2012, Complainant sent by email to 

Justin Almand, Southwest Airlines attorney, the subpoena compelling Krista Hynes to attend and 

testify at the June 13 and 14,2011 hearing in San Francisco.) 

Accordingly, the Complainant respectfully requests that your Honor deny Respondent's 

motion to continue the hearing. 

Respectfully submitted, 

Pederal Aviation Administration 

Western-Pacific Region 

Lawndale, CaliH>rnia 

NAOMI TSUDA 

Regional Counsel 

By: rlA:~ 

~Toscano 

Attorney 

Dated: May 18, 2012 

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FAA DOCKET NO. Not Assigned 

FDMS No . .FAA-2011-0294 

FAA 

CERTIFICATE OF SERVICE 

-. OMS 

I hereby certify that on this date I have placed in the United States mail, postage prepaid, the 

executed original and one copy of the OPPOSITION TO RESPONDENT'S MOTION TO 

CONTINUE HEARING addressed as follows: 

and a true copy to: 

Hearing Docket 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2 W1 000 

Attn: Hearing Docket Clerk, AGC430 

800 Independence Avenue, S.W. 

Washington, DC 20591 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department ofTransportation 

Office of Hearings, M-20 

East Building Ground Floor 

Roorn E 12-320 

1200 New Jersey Avenue, S.E. 

Washin~rton, D.C. 20590 

Also by facsimile: (202) 366-7536 

David W. Williams, Esq. 

163 72 Underhill Lane 

Huntitigt<m Beach, CA 92647 

Also by facsimile: (714) 836-8292 

Dated: May 18, 2012 

Jefferey K berg 

Legal Technician 

President 

Frostad Atelier, I11c. 

5225 Luce Avenue. Bldg #243 

Bay "C" 

McClellan, CA 95652 

Office of the Rcgi~mal Counsel 

Federal Aviation Administration 

I ,awndalc. California 

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