UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

FLIGHTLINE GROUND, INC. d/b/a )

FLIGHTLINE FIRST, )

)

Complainant )

)

v. ) DOCKET NO. 16-11-01

)

LOUISIANA DEPARTMENT OF )

TRANSPORTATION AND DEVELOPMENT, )

AS SUCCESSOR TO THE LOUISIANA )

DIVISION OF ADMINISTRATION and THE )

BOARD OF COMMISSIONERS FOR THE )

MANAGEMENT OF THE LAKEFRONT )

AIRPORT; NON-FLOOD PROTECTION )

ASSET MANAGEMENT AUTHORITY, )

AS SUCCESSOR TO THE BOARD OF )

COMMISSIONERS OF THE ORLEANS )

PARISH LEVEE DISTRICT and ORLEANS )

PARISH LEVEE DISTRICT, DIVISION OF )

NON-FLOOD ASSETS )

)

Respondents )

OPPOSITION TO COMPLAINANT’S MOTION TO STRIKE

OR IN THE ALTERNATIVE FILE AFFIDAVIT OF BRAYTON MATTHEWS

IN RESPONSE TO RESPONDENT’S SUBMISSION OF DOCUMENTS

COMES NOW Respondent, Non-Flood Protection Asset Management Authority,

successor to the Board of Commissioners of the Orleans Levee District and Orleans Levee

District, Division of Non-Flood Assets, Respondent in the above captioned matter, and for

its opposition to Complainant’s Motion to Strike or in the Alternative File Affidavit of Brayton

Matthews, respectfully submits the following:

The Request for Additional Information and Notice of Extension of Time which the
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Federal Aviation Administration (“FAA”) served on Respondent states, in pertinent part:

“Please provide the justification, supported by copies of any and all relevant documents

for the $1,258,000.00 settlement to AeroPremier.”

Respondent’s Submission of Documents in Response to Request for Additional

Information provided the FAA with Respondent’s justification for settlement along with the

relevant documents. Respondent’s submission is wholly and entirely responsive to the

FAA’s request for additional information. Complainant’s Motion to Strike therefore has no

substantive basis whatsoever. Indeed, Complainant’s Motion to Strike or in the Alternative

File Affidavit of Brayton Matthews is simply an argument that the settlement with

AeroPremier was unjustified. This has been Complainant’s position from the outset and

provides nothing new.

Further, should Complainant be permitted to submit a response in the form of an

affidavit of Brayton Matthews, which we strongly oppose, the applicable rules will require

that Respondent be permitted to submit a Sur Reply. This will cause yet another round of

submissions after all parties were notified by the FAA that it would accept no additional

submissions.

The Request for Additional Information was submitted by the FAA to Respondent

alone. The Respondent fully answered the FAA’s questions and submitted the requested

documents. The time for additional argument by Complainant is over.
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Respectfully submitted this 16 day of January, 2012. th

GERARD G. METZGER (APLC)

BY: s/Charles T. Curtis, Jr. 

GERARD G. METZGER (LSBA #9468)

EMAIL: gerry@metzgerlawfirm.com

CHARLES T. CURTIS, JR. (LSBA #4677)

EMAIL: ccurtis@metzgerlawfirm.com

829 BARONNE STREET

NEW ORLEANS, LA 70113

TELEPHONE: (504) 581-9322

FACSIMILE: (504) 581-2773

AND

J. E. MURDOCK, III

5034 NEBRASKA AVE.

WASHINGTON, D.C. 20008

TELEPHONE: (202) 333-5986

ATTORNEYS FOR RESPONDENT,

NON-FLOOD PROTECTION ASSET

MANAGEMENT AUTHORITY 
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CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing Opposition to Complainant’s

Motion to Strike or in the Alternative File Affidavit of Brayton Matthews in Response to

Respondent’s Submission of Documents on the following persons at the following address

via electronic mail:

Office of the Chief Counsel

Attn: FAA Part 16 Airport Proceedings Docket

AGC-610

Federal Aviation Administration

800 Independence Ave., S.W.

Washington, DC 20591

Email: 9-AWA-AGC-Part-16@faa.gov

Alan Armstrong, Esq.

2900 Chamblee-Tucker Road

Building 5, Suite 350

Atlanta, GA 30341

Email: alan@alanarmstronglaw.com

Counsel for Complainant,

Flightline Ground, Inc. d/b/a Flightline First

Brandon Brown, Esq.

1201 Capital Access Road

Baton Rouge, LA 70804

Email: brandon.brown@la.gov

Counsel for Respondent,

Louisiana Department of Transportation and Development

Dated this 16 day of January, 2012. th

 s/Charles T. Curtis, Jr. 

CHARLES T. CURTIS, JR.

Counsel for Respondent, Non-Flood Protection 

Asset Management Authority