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U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

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-----~R~ECEJVED The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

AUG 1 3 2013 

HEARING DOCKET 

RESPONDENT'S MOTION TO STAY OR REVISE 

SCHEDULING ORDER DUE TO NEW ALLEGATIONS IN 

COMPLAINANT'S AMENDMENT TO COMPLAINT, TO ALLOW 

RESPONDENT TO TAKE DISCOVERY ON THE NEW ISSUES RAISED 

IN THE AMENDMENT TO COMPLAINT, TO ORDER COMPLAINANT 

TO DISCLOSE ITS WITNESSES AND DOCUMENTS RELATED 

TO THE AMENDMENT, AND TO STAY THE REQUIREMENT 

TO ANSWER THE AMENDMENT PENDING RESOLUTION OF THIS MOTION 

Respondent, The Liberty Foundation, Inc. ("Liberty"), by and through its 

undersigned attorney, respectfully moves the Court for the entry of an order staying or 

revising the dates in the Scheduling Order dated January 22, 2013, due to numerous 

new allegations asserted in Complainant's Amendment To Complaint ("Amendment"), 

served July 31, 2013; ordering Complainant to disclose its witnesses and other 

evidence related to the amendments; allowing Respondent to take discovery on the new 

allegations set forth in the Amendment; and staying the requirement to respond to the 

Amendment pending resolution of this Motion.1 In support of its Motion, Liberty shows: 

1 Although Complainant's Amendment was served by facsimile on July 31, 2013, undersigned counsel 

was on vacation at that time. Thus, undersigned counsel received the Amendment yesterday. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670·1222 F: (305) 67Q.7065 SIUABIGOLDSTEINPA®ATINET 
2 

Although the Rules of Practice in FAA Civil Penalty Hearings permit the filing of 

amendments to pleadings, without court permission, up to15 days prior to the trial (14 

CFR §13.214), any such amendment should not be permitted to cause prejudice to the 

opposing party. In this case, the Amendment (actually numerous amendments), adds or 

changes five of the paragraphs of the original Complaint and adds five new sections of 

the Federal Aviation Regulations purported to have been violated. 

These changes are said to have been discovered by Complainant in its 

deposition of Mr. Rodney Schneider. Complainant deposed Mr. Schneider on April 30, 

2013, NINETY-TWO days before filing the Amendment. Whatever its reasons for this 

considerable delay, Complainant's delay should not be permitted to prejudice 

Respondent's ability to prepare for and present its defenses. It is inconceivable 

Complainant just learned of these issues as a result of its deposition of Mr. Schneider. 

Complainant initiated a certificate action case against Mr. Schneider on August 22, 

2011, which case was resolved by settlement on January 31, 2012 (see, Exhibit A to the 

Amendment To Complaint). Thus, Complainant was fully apprised of Mr. Schneider's 

actions, including his log entries, or lack thereof, during that case. For Complainant to 

suggest it just learned of these matters stretches credulity. Complainant was, without 

dispute, in possession Liberty's log book and of those log entries in the Schneider 

certificate action case and based its charges, at least to some extent, on those entries. 

The Amendment adds or changes five paragraphs, to wit: paragraphs 7(a), 16(a), 

5(a), 5(b), and 18. The original Complaint asserted three regulatory violations: 14 

C.F.R. §§ 91.405(b), 91.407(a), and 91.7(a). The Amendment adds five ne.w. purported 

violations: 14 C.F.R. §§43.5(a), 43.9(a), 43.9(d), 43.13(a), and 43.13(b). As a result of 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY. 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUAATGOLDSTEINPA@ATTNET 
3 

these new allegations, Complainant seeks to increase the penalty from $43,250.00 to 

$49,850.00, an increase of $6,600.00, or slightly more than 15%. The new regulatory 

allegations are those which were ascribed to Mr. Schneider individually in his certificate 

action case and which Complainant now asserts should be ascribed to Liberty because 

Mr. Schneider was its "Director of Maintenance." In other words, Complainant seems to 

be alleging Liberty is vicariously responsible for Mr. Schneider's alleged regulatory 

violations. This is a completely new theory in the instant case. 

There are serious new fact and legal issues raised by the Amendment as to 

which Liberty has a right to discovery, lest it be denied due process. These issues 

include, but are not limited to, the extent to which, if at all, Mr. Schneider had authority 

to make decisions as Liberty; the extent of Mr. Schneider's actual authority, 

notwithstanding the title Director of Maintenance; Mr. Schneider's understanding of his 

authority; Liberty's understanding of Mr. Schneider's authority to bind Liberty or make 

decisions on behalf of Liberty; whether Mr. Schneider's knowledge/actions are 

imputable to Liberty; Complainant's evidence, including witnesses and documents, 

supporting its new allegations and the opinions of experts, if any, on these issues. 

Complainant has not identified any witnesses, fact or expert, who might testify on the 

new fact/legal issues raised in the Amendment. Liberty has a right to know the identity 

of those witnesses and the nature and extent of their testimony in accordance with the 

requirements of the Scheduling Order. Whether any of that testimony might be 

considered fact or expert testimony, Liberty has a right to be advised of those facts and 

the opinions of those witnesses so discovery can be taken. Indeed, Complainant has 

an obligation to disclose that information, which it has not done. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUAATGOLPSTEINPA@ATT NET 
4 

WHEREFORE, Liberty respectfully requests an order (1) staying and/or revising 

the current scheduling dates; (2) allowing Liberty a reasonable time to conduct 

discovery on the new issues raised in the Amendment; (3) ordering Complainant to 

disclose any witnesses who may testify on these new issues and to produce any 

documents related to these new issues; and (4) staying the requirement to respond to 

the Amendment pending resolution of this Motion. 

Respectfully submitted, 

STUART A. GOLDSTEIN, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

By:J~a.Jt~ Stuart A. Goldstein 

Attorney for Respondent · 

CERTIFICATE OF SERVICE 

HEREBY CERTIFY that the foregoing has been served on this 6th day of 

August, 2013, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U. S. Mail 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUARTGOLDSTEINfA®ATTNET 
L_ 

and that an original and one copy was served upon 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C. 20591 

and that one copy was served was served upon the Court by serving: 

Honorable J. E. Sullivan 

Office of Hearings, M-20 

U. S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-310) 

Washington, D. C. 20590 

By Facsimile: (202) 366-7536 

and regular U. S. Mail 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR. MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUARTGOLDSTEINPA®ATT NET 

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