Erin B. Marston 

Law Offices of Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907) 277-8001 

RECEIVED 

JUL 2 3 2012 

HEARING DOCKET 

Attorneys for Copper Valley Air Service, LLC 

In the matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

) Case No. 2011AL030090 

) (Civil Penalty Action) 

) Judge Richard C. Goodwin 

Copper Valley Air Service, LLC ) FAA Docket No. _______ _ 

_____________ ) FDMS No. FAA-2012-0475 

MOTION TO CONTINUE HEARING DATE 

Copper Valley Air Service, LLC, by and through its attorneys, the Law Offices of 

Marston & Cole, P.C., moves to continue the hearing date in this matter to a date after the 

October 4-5, 2012, hearing in the matters of Huerta v. David M Parmenter, NTSB 

Docket No. SE-19327, and Huerta v. Tad E. Hand, NTSB Docket No. SE-19326. 

I. Discussion 

In addition to this civil penalty action, the FAA Administrator has brought 

enforcement actions against David Parmenter, the Director of Operations, and Tod Hand, 

the Director or Maintenance for Copper Valley Air Service, LLC. Both actions seek the 

suspension of the Respondent's respective pilot and mechanic certificates. Currently the 

Motion to Continue Hearing Date 

In re: Copper Valley Air Service, Inc., Case No. FAA-2012-0475 

Page I of 4 
hearings are scheduled for October 4-5, 2012. See hearing order attached hereto as 

Exhibit A. 

Continuing the hearing in this matter to a date after the enforcement proceedings 

referenced in Exhibit A is reasonable and necessary to avoid prejudice to the 

Respondents in the enforcement actions. If the civil penalty hearing is held prior to the 

enforcement hearings, the Respondents run the risk that their testimony in the civil 

penalty action will somehow be used against them in the enforcement action which is 

scheduled to occur after the civil penalty hearing. Conducting the hearing prior to the 

NTSB hearings would limit the ability of Copper Valley Air Service, LLC to defend 

itself in the civil penalty hearing by effectively limiting the scope of testimony available 

to the company. 

Continuance to a date after October 4-5, 2012 is also appropriate to allow Copper 

Valley Air Service, LLC to prepare. Moose hunting in Alaska opens on the first of 

September. From the last week of August through the end of September is an extremely 

busy time period for Part 135 operators in Alaska and both Mr. Parmenter and Mr. Hand 

will be extremely busy and unavailable to assist in the preparation of the defense. 

Conducting the hearing in mid-September, traditionally one of Copper Valley Air 

Service, LLC's busiest months, would in effect be a civil penalty itself as the company 

cannot operate without its Director of Operations and Director of Maintenance. 

Significant revenue is generated in September which helps sustain the company through 

the winter. In addition, Copper Valley Air Service, LLC has obligations to its clients to 

Motion to Continue Hearing Date 

In re: Copper Valley Air Service. Inc., Case No. FAA-2012-0475 

Page2 of4 
provide them transportation. It is located in Gulkana, Alaska, in the Copper River valley 

and has longstanding commitments to fly guides and their clients. It is not an urban area 

where customers have multiple choices of air taxies to serve their needs. 

II. Conclusion 

The civil penalty hearing in the above-referenced matter should be continued to a 

date after the FAA's enforcement action against the Respondents in the NTSB actions 

referenced in Exhibit A so that Copper Valley Air Service, LLC will have time and an 

opportunity to prepare and present testimony in its defense. In addition, continuing the 

date will allow the Respondents an opportunity to freely testify in the NTSB actions. 

Finally, continuing the hearing to a date after October will allow the company to satisfy 

its longstanding obligations to its clients in the months of August and September. 

-th. 

DATED this R day of July, 2012, at Anchorage, Alaska. 

Motion to Continue Hearing Date 

LAW OFFICES OF MARSTON & COLE, P.C. 

Attorneys for Copper Valley Air Service, LLC 

By~~~;~~=~~). Erin B. Marston ~~~\ ~ AK State Bar No. 8511177 

In re: Copper Valley Air Service, Inc., Case No. FAA-2012-0475 

Page 3 of4 
CERTIFICATE OF SERVICE 

This is to certify that on this J&nt day of July, 2012, a 

true and correct copy of the f~ document was 

~Mailed 

D E-mailed 

(2'1. Faxed 

to the following: 

Original: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Copies to: 

The Honorable Richard C. Goodwin, ALJ 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (E11-310) 

Washington, DC 20590 

Fax: 202-366-7536 

Richard. ( 'loodw inia\loL gm 

Glenn H. Brown, Esq. 

Office of the Regional Counsel 

222 West 7th A venue, # 14 

Anchorage, AK 99513-7587 

Fax: 271-2800 

Motion to Continue Hearing Date 

In re: Copper Valley Air Service, Inc., Case No. FAA-2012-0475 

Page 4 of4 
UNITED STATES OF AMERICA rn1 rn J~l ~ ~ ~~~~ [ID 

NATIONAL TRANSPORTATION SAFETY BOARD 

OFFICEOFADMINISTRATIVELAWJUDGES MARSTON & COLE, PC 

••••••••••••••••••••••••••••••• 

MICHAEL P. HUERTA 

ACTING ADMlNISTRA TOR 

F edeml Aviation Administration 

Complainant, 

• 

• 

• 

• 

• 

• DocketNos SE-19326 

v. 

TOD E. HAND, and 

DAVID M. PARMENTER 

• 

• 

• 

• 

SE-19327 

Respondents. * 

• In TM l!~c, 

Initials **************"'*************** 

NOTICE OF HEARING 

On Motion from the Administrator and from a review of the pleadings filed in the 

respective cases, it appears that factual allegations are sufficiently sirniiar as to warrant 

consolidation of the proceedings for hearing and decision purposes. In the interest of economy and 

efficiency, 

YOU ARE HEREBY NOTIFIED that a hearing on the above-entitled cases will be held 

before the undersigned Administrative Law Judge at Federal Building and U.S. Courthouse, 222 

W. Seventh Avenue #9, Grand Jur_y Courtroom, Room 251, ;t>d Floor. in the City of 

ANCHORAGE, AK on the ,jlr & 5"' day of October 2012 beginning at 9:10a.m. each that day. 

The parties are expected to be present and to present testimony and witnesses, if any, in 

support of their positions. At the bearing, the parties shaD provide a copy of each exhibit for 

the Judge's use at the bench and shaD exchange copies of all exhibits they intend to offer into 

evidence at the hearing. The Board will not provide copies of exhibits to parties after the 

hearing. 

Dated at Washington, DC, this 2!P day of June 1012. 

PREHEARlNGORDER ENCWSED 

PLEASE SEE REVERSE SIDE FOR SERVICE LIST 

ALFONSOJ.MGNTANO 

~~- CHIEF JUDGE 

Exhibit A, Page 1 of 2 
CERTiFICATE OF SERVICE 

I HEREBY CERTIFY that a copy of this Notice of Hearing was sent by certified mail to tbe 

parties named herein on Jline 29, 2012. · 

SERVICE: 

(Month, day, year) 

MARC G. WILHELM, ESQ. 

RICHMOND & QUINN, PC 

360 K S1REET, SUITE 200 

ANCHORAGE, AK 99501 

ERIN B. MARTSON, ESQ. 

LAW OFFICES OF MARTSON & COLE, P.C. 

821 N SJREET, SUITE 208 

cc: Trip file 

Logging file 

ANCHORAGE, AK 99501 

GLENN H. BROWN, ESQ. 

FAA ALASKA REGION 

222 W. 7m AVENUE#14 

ANCHORAGE, AK 99513 

Yvette R Torres Delgado (202) 314-6157 

(Name ofperson making service) 

Hearing Assistant (800) 854-8758 

(Official Title) 

(BY FAX ONLY) 

Exhibit A, Page 2 of 2