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# RECEIVeo U.S. DEPARTMENT OF TRANSPORTATION 

### M 24 OFFICE OF HEARINGS 

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WASHINGTON, DC 

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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 HEARINO The Complainant, through counsel, pursuant to Rule 13.218(d) ofthe Rules ofPractice 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 ofthis matter 

### will not promotejudicial economy andjustice. In this Court's February 28, 2012 Notice ofHearing 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 11, 2012, 30 days before the hearing, counsel for Respondent requested a continuance on the basis that Respondent's counsel may have surgery 1the first or second week of June, depending upon insurance authorization. At no time before filing the request for continuance did CoWise] 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) ofthe 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·eJective surgery.08/01/2012 10:03 FAX 2024935142 FAA + OMS**~** 002/003

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 ofComplainant'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

208/01/2012 10:03 FAX 2024935142

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 ofthe 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 2W1 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 ofHearings, 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. 16372 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 ofthe**Rcgi~mal** Counsel Federal Aviation Administration I,awndalc. California 3**~** 003/003