05/02/2014 08:08 4252271007 ANM7 

J. Kyle E. Lom~r<:ow 

z FAA Office of Regional Counsel 

3 1601 Lind Ave., SW 

1 Renton, Washington 98057 

5 Telephone: 425/227-1847 

6 Facsimile: 425/227-1007 

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UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

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In the Matter of 

CHEMSTYSTEMS, INC .. Respondent. · 

FDMS NO. 2012-0911 

FAA CASE NO. 201 JWP700181 

MOTION fOR CONTINUANE WITH 

EQUEST FOR EXPEDITED RULING 

JUDGE RICHARD C. GOODWIN 

2 9 To: Hon. Richard C. Goodwin, Administrative Law Judge: 

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PAGE 02/04 

31 Complainant hereby moves pursuant to 14 C.F.R. Section 13.218 and 13.221(a), that the hearing in 

32 this matter be set at least 60 days following notice of the hearing for the following reasons. 

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34 1. On October 22, 2013, an Amended Procedural Order was served indicating that the deadline 

35 for discovery was March 3, 2014. 

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37 2. On February 4, 2014, Complainant submitted a second set of discovery responses to 

3 s Respondent asking to "please provide a copy of any and all evidence, unless previously 

3 9 provided, that supports your assertion that you are unable to pay the proposed civil penalty." 

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4.1 3. In a recent communication Respondent indicated that Respondent's 2013 tax returns, as 

42 well as other fmancial documents requested by Complainant, will be supplied by June 16, a 

4 3 week before the hearing. 

45 4. On May 6, 2014, Respondent emailed Complainant the resume of an accountant that 

4 6 Respondent intends to call at a hearing in support of their affirmative defense of inability to 

P pay. 

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4 9 5. Complainant assumes that said accountant will have to discuss Respondent's most recent 

so tax returns, 20) 3, in order to support Respondent's affirmative defense of inability to pay. 

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52 6. Complai=t simply does not have enough time to prepare for a hearing, and defend against 

53 Respondent's a.ffmnative defense of inability to pay, without all the relevant informati.on, 

such as their most recent tax retums. Complainant not only has to review and digest 

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1 Respondent's fmancial documentation, but submit these documents to our own economic 

2 witness as well in a timely fashion so that this witness has time to review them. 

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4 7. As a result Complainant's case would be pr~;:judiced if it were forced to defend against an 

s affinnati.ve defense of inability to pay when Respondent has still not provided aU the 

6 relevant information Complainant needs, namely, financial tax returns for the most recent 

1 calendar year, to evaluate that defense. 

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9 8. Complainant counsel also requests an expedited ruling as the hearing in this matter is less 

10 than a month away. 

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J.4 THEREFORE, Complainant moves that this hearing be continued until at least August 25, 2014, 

15 consistent with Rule 13.221 (a) and that the discovery deadline be extended accordingly. 

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1 7 Additionally, Complainant's counsel is getting married on July 27 and will not be returning to the 

18 office until August 11. Therefore, he requests that the hearing not occur during the period ofJuly 27 

1.9 through August 21-29, 2007. Further, Complainant does request that, other than the dates 

20 mentioned above, that the hearing in this matter occur in late August or September 2014. 

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RESPSECTFULL SUBMITTED TillS 2"d DAY OF June 2014. 

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CERTIFICATE OF SERVICE 

6 I hereby certifY that the foregoing Motion for Continuance has been served via Facsimile and 

7 electronic mail to the following: 

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9 Richard C. Goodwin 

10 Administrative Law Judge 

11 Office of Hearings, M-20, Room 5411 

12 U.S. Department of Transportation 

13 400 Seventh Street. SW 

l! Washington, DC 20590 

15 Fax: (202) 366-7536 

16 Courtesy email Richard.goodwin!aldot.gov 

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18 Attn: Hearing Docket Clerk, AGC-430 

19 Wilbur Wright Building- Suite 2Wl 000 

20 Federal Aviation Administration 

2). 800 Independence Avenue SW 

22 Washington, D.C. 20591 

23 Fax: (202) 493-5020 

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S. Robert Fling, PLLC 

Attorney At Law 

5518 Fifth Street. Suite C 

Katy, IX 77493. 

Fax: (281) 727-0082 

36 Dated this 2"d, day of June, 2014. 

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Office ofR nal Counsel (ANM-7) 

tion Administration 

1601 Ave. SW 

Rent , WA 98057 

425.227.1847 

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