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Brent R. Cole 

Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907)277-8001 

Attorneys for Smith Cable Systems, Inc. 

, ; r;;/ 

ICBIVED 

AU3 - 5 2010 

\R:NG DOCKET 

In the matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

NATIONAL TRANSPORTATION SAFETY BOARD 

) 

Smith Cable Systems, Inc. 

) FAA Docket No. CP09AL00012 

) 

) DMS NO. FAA-2009-0976 

MOTION TO CONTINUE 

Smith Cable Systems, Inc. ("Smith"), by and through counsel, MARSTON & 

COLE, P.C, hereby moves the Court to continue the presently scheduled hearing from 

July 29, 2010 to a date after September 15, 2010. Smith requests this continuance for the 

following reasons: 

1. Smith did not receive confirmation of the hearing date and time until 

Tuesday, July 27. As a consequence , Smith has had a difficult time arranging for its 

remaining witnesses to be available. 

2. Smith has not yet received a copy of the transcript of the first part of the 

hearing held on June 25, 2010. Smith would like the opportunity to review the prior 

proceedings before the hearing tomorrow. 

Motion to Continue 

In re: Smith Cable Systems, Inc., DMS No. FAA-2009-0976 

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Counsel for the FAA has advised that he does not oppose a continuance in this 

matter, but was not advised about the requested length of the continuance. Counsel is 

also requesting that he be advised of the new date at least seven days prior to when it is 

scheduled. 

-H=^ 

DATED this ^ ^ day of July, 2010, at Anchorage, Alaska. 

MARSTON & COLE, P.C. 

Attorneys for Smith Cable Systems, Inc. 

By: ^^L . 

Brent R. Cole 

AK State Bar No. 8606074 

CERTIFICATE OF SERVICE 

This is to certify that on this t^Oflj day of July, 2010, a 

true and correct copy of the foregoing document was 

1^ Mailed 

• Hand-delivered 

KT Faxed 

to the following: 

Original and one copy: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

One copy: 

Craig Wm. Black, Esq. 

Office of the Regional Counsel 

222 West 7th Avenue, #14 

Anchorage, AK 99513-7587 

Fax: 271-2800 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

East Building Ground Floor, Room E12-320 

200 New Jersgji-AVeriue, S.E. 

WashingtpHTTC 20590 

Fax: 20§^6^753^' 

Motion to Continue 

In re: Smith Cable Systems, Inc., DMS No. FAA-2009-0976 

Page 2 of2 
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Brent R. Cole 

Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907) 277-8001 

Attorneys for Smith Cable Systems, Inc. 

In the matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

NATIONAL TRANSPORTATION SAFETY BOARD 

) 

Smith Cable Systems, Inc. 

) FAA Docket No. CP09AL00012 

) 

) DMS NO. FAA-2009-0976 

STATE OF ALASKA 

AFFIDAVIT OF COUNSEL 

) 

) ss 

THIRD JUDICIAL DISTRICT ) 

I, Brent Cole, being first duly sworn, deposes and says: 

1. I am the attorney for Smith Cable Systems, Inc. ("Smith"). 

2. Smith did not receive confirmation of the July 29, 2010, date for the 

hearing until Tuesday, July 27, 2010. 

3. Smith has ordered and paid for the transcript of the hearing held on June 

25, 2010, but has not yet received a copy. Smith would like the opportunity to review the 

transcript of the prior proceedings before completing the hearing. 

Affidavit Of Counsel 

In re: Smith Cable Systems, Inc., DMS No. FAA-2009-0976 

Page 1 of 3 
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4. I have spoken with Craig Black, counsel for FAA, and he advises that he 

does not oppose a continuance, but I did not speak with him about the length of the 

continuance I was requesting on behalf of my client. 

5. I request a date be set after September 15, 2010, in order to have the 

hearing at a time that does not conflict with my client's busy summer schedule. 

Brent R. Cole 

SUBSCRIBED AND SWORN to before me thi of July, 2010. 

fc in and for Alaska 

My commission expires: S ^/'~/~2-0/ O 

Affidavit Of Counsel 

In re: Smith Cable Systems, Inc., DMS No. FAA-2009-0976 

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CERTIFICATE OF SERVICE 

2M 

foreaoirti 

dayof July, 2010, 

g document was 

This is to certify that on this 

true and correct copy of the forego 

K Mailed 

Qjfand-delivered 

^Faxe d 

to the following: 

Original and one copy: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

One copy: 

Craig Wm. Black, Esq. 

Office of the Regional Counsel 

222West7th Avenue, #14 

Anchorage, AK 99513-7587 

Fax: 271-2800 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

East Building Ground Floor, Room El2-320 

200 New Jersey_Avenue, S.J 

Washingto 

Fax: 2C 

Affidavit Of Counsel 

In re: Smith Cable Systems, Inc., 

Page 3 of 3 

DMS No. FAA-2009-0976 
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Brent R. Cole 

Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907)277-8001 

Attorneys for Smith Cable Systems, Inc. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

NATIONAL TRANSPORTATION SAFETY BOARD 

In the matter of: 

Smith Cable Systems, Inc. 

) 

) FAA Docket No. CP09AL00012 

) 

) DMS NO. FAA-2009-0976 

ORDER 

Having considered Smith Cable Systems, Inc.'s Motion to Continue and all 

responses, the Court hereby orders that the Motion to Continue is granted. The hearing is 

scheduled for , 2010, at am/pm. 

IT IS SO ORDERED this day of July, 2010. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Order 

In re: Smith Cable Systems, Inc., DMS No. FAA-2009-0976 

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F:\BRC\1092.001\Smith- FAA Hazardous 

Materials\PLED\Mot to Cont~Order.doc 

CERTIFICATE OF SERVICE 

This is to certify that on this /JOT U day of July, 2010, a 

true and correct copy of the foregoing document was 

• 0 ' Mailed 

• Hand-delivered 

STFaxed 

to the following: 

Original and one copy: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W! 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

One copy: 

Craig Wm. Black, Esq. 

Office of the Regional Counsel 

222 West 7th Avenue, #14 

Anchorage, AK 99513-7587 

Fax: 271-2800 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

East Building Ground Floor, Room E12-320 

1200 New Jersey Avenue, S.E^, 

WashingtorO)C 205^ 

Fax>^-3«6-7 

000 

Order 

In re: Smith Cable Systems, Inc., DMS No. FAA-2009-0976 

Page 2 of2