Erin B. Marston Law Offices ofMarston & Cole, P.C. 821 N Street, Suite 208 Anchorage, AK 99501 (907) 277-8001 

# RECEIVED JUL 2 32012 

## 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 HEARINGDATE 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. TadE. 

### Hand, NTSB DocketNo. SE-19326. I. Discussion In addition to this civil penalty action, the FAA Administrator has brought enforcement actions against David Parmenter, the Director ofOperations, and Tod Hand, the Director or Maintenance for Copper ValleyAir Service, LLC. Both actions seek the suspension ofthe 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 of4hearings 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. Ifthe 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 itselfin the civil penalty hearing by effectively limiting the scope oftestimony 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 ofAugust through the end ofSeptember 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 ofCopper 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 ofair 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 ofAugust and September. 

# -th. DATED this

# R day ofJuly, 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 BarNo. 8511177

In re: Copper ValleyAir Service, Inc., Case No. FAA-2012-0475 Page 3 of4CERTIFICATE OF SERVICE This is to certify that on this 

## J&nt day of July, 2012, a true and correct copy ofthe**f~** document was**~Mailed** D E-mailed (2'1. Faxed to the following: Original: Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite 2W1000 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Copies to: The Honorable Richard C. Goodwin, ALJ Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (E11-310) Washington, DC 20590 Fax: 202-366-7536 Richard.('loodwinia\loLgm Glenn H. Brown, Esq. Office ofthe Regional Counsel 222 West 7thAvenue, #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 of4UNITED STATES OFAMERICA 

# rn1 rn

# J~l**~ ~** **~~~~** [ID
NATIONALTRANSPORTATION SAFETYBOARD

OFFICEOFADMINISTRATIVELAWJUDGES 

### MARSTON & COLE, PC 

# ••••••••••••••••••••••••••••••• MICHAEL P. HUERTA ACTINGADMlNISTRATOR Fedeml Aviation AdministrationComplainant, 

# • 

# • • 

# • 

# • • DocketNos SE-19326 v. TOD E. HAND, and DAVID M. PARMENTER 

## • 

# • 

# • • SE-19327
Respondents. 

## * 

# • In TM**l!~c,** Initials 

## **************"'*************** NOTICE OFHEARING 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 ofthe proceedings for hearing and decision purposes. In the interest ofeconomy and efficiency, YOU ARE HEREBY NOTIFIED that a hearing onthe above-entitled cases will be held before the undersignedAdministrative LawJudge atFederalBuildingand U.S. Courthouse, 222 W. SeventhAvenue#9, GrandJur_y Courtroom, Room251, 

### ;t>dFloor. inthe Cityof ANCHORAGE,AKonthe ,jlr& 

### 5"' day ofOctober2012beginning at 9:10a.m. eachthat day. The parties are expected to be present and to present testimony and witnesses, ifany, in support oftheir positions. At the bearing, the parties shaD provide a copy ofeach exhibit for theJudge's use at the bench and shaD exchange copies ofall exhibits theyintend to offerinto 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.

PREHEARlNGORDERENCWSED PLEASE SEE REVERSE SIDE FORSERVICELIST

# ~~- ALFONSOJ.MGNTANO CHIEF JUDGE



### Exhibit A, Page 1 of2CERTiFICATE OF SERVICE I HEREBY CERTIFYthat a copy ofthisNotice ofHearing was sentby certifiedmail to tbe parties named herein onJline 29, 2012. ·

SERVICE: (Month, day, year)

MARC G. WILHELM, ESQ. RICHMOND & QUINN, PC 360 K S1REET, SUITE 200 ANCHORAGE, AK99501 ERIN B. MARTSON, ESQ. LAW OFFICES OF MARTSON & COLE, P.C. 821 N SJREET, SUITE 208

cc: Tripfile Logging file ANCHORAGE, AK99501 GLENN H. BROWN, ESQ. FAAALASKA REGION 222 W. 7mAVENUE#14 ANCHORAGE, AK99513

Yvette R Torres Delgado (202) 314-6157 (Name ofperson making service) HearingAssistant (800) 854-8758 (Official Title) (BY FAX ONLY)



### Exhibit A, Page 2 of 2