U.S. Department ofTransportation Federal Aviation Administration



### NOTICE OFDOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591

Please be advised that the complaint filed by Luther Kurtz and Skydive Coastal California d/b/a Phoenix Area Skydiving ("complainant") against the City ofCasaGrande, Arizona ("respondent") filed under the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 ofthe Code ofFederal Regulations ("14 CFRPart 16"), has been docketed bythe Federal Aviation Administration's Office ofthe ChiefCounsel, as Docket No. 16-16-01 on February 9, 2016.
The respondent is required to file an answer to the complaint within 20 days ofthe date of service ofthis notice. See 14 CFR §16.23 (d). The answer shall deny or admit the allegations made inthe complaint, and shall assert any affirmative defense. The answer may include a motion to dismiss the complaint or any portion thereof, with a supporting memorandum of points and authorities. See 14 CFR § 16.23 (h) and 

### G).
Pursuant to the procedures set forth in 14 CFR § 16.26, the respondent may file a motion to dismiss the complaint or a motion for summaryjudgment onthe complaint. The respondent may move for dismissal ofthe entire complaint or move for dismissal ofspecific issues from adjudication. The motion mustbe filed within 20 days after the date ofservice ofthis notice ofdocketing. See 14 CFR 

### § 16.26. Ifsuch a motion is filed under 14 CFR 

### § 16.26, an answer must be filed within 20 days ofthe date ofservice ofanFAA order denying all or part ofthat motion. See 14 CFR 

### § 16.23 (d).
The complainant may file a reply within 10 days ofthe date ofservice ofthe answer. The respondent may file a rebuttal within 10 days ofthe date ofservice ofthe complainant's reply. See 14 CFR § 16.23(e) and (f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by supporting documentation upon whichthe parties rely. The answer, reply, and rebuttal shall each contain a concise but complete statement ofthe facts relied upon to substantiate the answers, admissions, denials, or averments made. See 14 CFR § 16.23 (g) and (i). Amendments or supplements to the pleadings will not be allowed without showing good cause through a motion and supporting documents. See 14 CFR 

### § 16.23 

### G).
All documents filed withthe FAA inthis proceeding shall be served (and include a certificate ofservice) bythe persons filing them on all parties to the proceeding, and on the FAA at the FAA Part 16 Airport Proceedings Docket, AGC-600, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC, 20591. See 14 CFR 

### §§ 16.13 and 16.15. Unless otherwise specified, an executed original

### andthree (3) copies ofeach and every document shall be filed withthe FAA Part 16 Airport Proceedings Docket. See 14 CFR 

### § 16.13( c).Pursuant to 14 CFR § 16.13(f), electronic filing ofPart 16 documents is permitted under the following guidelines:

• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). The subject line ofthe e-mail must contain the names ofthe complainant andrespondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10MB.

• E-mail filings shall be sent to the FAA Docket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only ifthe opposing party has agreed with the complainant in writing to participate inelectronic filing, otherwise service mustbe madepursuantto 14 CFR §16.15.) The FAA will not provide any acknowledgement orreceiptto parties filing electronically.

• A party filing electronically must provide the FAA Docket Clerk andthe opposing party an e-mail address designating its representative to receive electronic pleadings and documents by e-mail.

• A party availing itselfofelectronic filing 

### as described in this document and 14 CFR § 16.13 (h) waives its rights under Part 16 to service by any othermeans from the opposing party orFAA.

• A party filing electronically will include with its pleadings a certificate ofservice stating the method as electronic byorvia e-mail. Inregard to computation of time, the date ofthe e-mail is not included in the computation oftime under this part. See 14 CFR § 16.17 (a). Parties will start the count as ofthe day following the date the e-mail was sent. 1
The Department ofTransportation (DOT) uses the government-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffiling paper documents withthe FAA, please ensure that at least one ofthe required copies is unbound and withouttabs. Exhibit numbers in unbound copies should be noted on the first page ofeach exhibit orin divider pages. The FAA will forward all electronic submissions (like the paper submissions) to FDMS for public viewing.

Je ie Dt e or Attorney, Airports LawBranch FAA Office ofthe ChiefCounsel

1Please note, this paragraph only exempts the parties from the filing requirements under 14 CPR § § 16.13 (a), (b), and (c). Ifa party subsequently decides to "opt-out" ofelectronic filing, it must notifY the FAA Docket Clerk and opposing party in writing. See 14 CPR§ 16.13 (h)(4). The electronic filing method may be used in lieu ofor in addition to the existing requirements set forth in Part 16.CERTIFICATE OF SERVICE
I HEREBY CERTIFYthat onFebruary

## _f_, 2016, I caused to be placed in the United States Mail (first class mail, postage paid) or personally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:
Richard J. Durden, Esq. 27987 Richmond Hill Road Conifer, CO 80433 Counsel for Complainant

James Thompson CityManager 510 E. Florence Blvd CasaGrande, AZ 85122 Respondent

FAA Part 16 Airport Proceedings Docket (AGC-600)

S aron Long Airports & Environment LawDivision FAA Office ofthe ChiefCounsel