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J. Kyle E.**Lom~r<:ow** z FAA Office ofRegional Counsel 3 1601 Lind Ave., SW 1 Renton, Washington 98057 5 Telephone: 425/227-1847 6 Facsimile: 425/227-1007 7 8 9 10 11 1.2 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS 13 14 15 16 17 18 19 20 21 22 23 2< 25 26 27 28 

### In the Matter of CHEMSTYSTEMS, INC

.. Respondent. · FDMS NO. 2012-0911 FAA CASENO. 201 JWP700181

MOTION fOR CONTINUANE WITH

EQUEST FOREXPEDITED RULING JUDGE RICHARD C. GOODWIN

2 9 To: Hon. Richard C. Goodwin, AdministrativeLawJudge: 30 PAGE 02/04

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

### in 32 this matterbe set at least 60 days following notice ofthe hearing for the following reasons. 33 34 

### 1. On October 22, 2013, an Amended Procedural Order was servedindicating thatthe deadline 35 for discovery was March 3, 2014. 36 37 2. On February 4, 2014, Complainant submitted a second set of discovery responses to 3s Respondent asking to "please provide a copy of any and all evidence, unless previously 3 9 provided, that supports your assertionthatyou are unable to paythe proposed civil penalty." 40 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 thehearing.

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 oftheir affirmative defense ofinability to P pay. 48 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 ofinabilityto pay. Sl 52 6. Complai=t simply does not have enough time to prepare for a hearing, anddefend against 53 Respondent's a.ffmnative defense ofinability 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 thatthis witness has timeto review them. 3 4 7. As a result Complainant's case would be**pr~;:judiced** ifit 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 calendaryear, to evaluatethat defense. 8 9 8. Complainant counsel also requests an expedited ruling as the hearing 

### in this matter is less 10 than

### a month away. 11 12 13 J.4 THEREFORE, Complainant moves that this hearing be continued until at least August 25, 2014, 15 consistentwithRule 13.221(a) and that the discovery deadline be extended accordingly. 16 1 7 Additionally, Complainant's counsel 

### is getting married on July 27 and will not 

### be returning to the 18 officeuntil August 11. Therefore, he requests thatthehearingnot occur during theperiod ofJuly 27 1.9 through August 21-29, 2007. Further, Complainant does request that, other 

### than the dates 20 mentioned above,thatthehearing

### in this matteroccur in late August

### or September2014. 21 22 23 24 25 26 27 28 29 30 3J. 32 33 34 35 36 37 38 39 40 41 42 43 4! 45 46 47 48 49 50 !ll S2 53 RESPSECTFULL SUBMITTED TillS 2"d DAY OF June 2014.

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1 2 3 4 5 CERTIFICATE OFSERVICE

6 IherebycertifYthat the foregoing Motion for Continuance has been served via Facsimile and 7 electronicmail to the following: 8 9 Richard C. Goodwin 10 Administrative LawJudge 11 Office ofHearings, M-20, Room 5411 12 U.S. Department ofTransportation 13 400 Seventh Street. SW l! Washington, DC 20590 15 Fax: (202) 366-7536 16 Courtesy email Richard.goodwin!aldot.gov 17 18 Attn: Hearing Docket Clerk, AGC-430 19 Wilbur Wright Building- Suite 2Wl000 20 FederalAviation Administration 2). 800 Independence Avenue SW 22 Washington, D.C. 20591 23 Fax: (202) 493-5020 24 25 26 27 28 29 30 31 32 33 34 35 S. Robert Fling, PLLC Attorney AtLaw 5518 Fifth Street. Suite C Katy, IX 77493. Fax: (281) 727-0082

36 Dated this 2"d, day ofJune, 2014. 37 38 39 40 41 42 0 44 45 H 47 48 49 50 51 52 53 

## ow Office ofR nal Counsel (ANM-7) tionAdministration 1601 Ave. SW Rent , WA 98057 425.227.1847**~-·**

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