••^RTyPNT OF 

SERVED JUNE 10 , 201 1 "'"PQRTATiOM 

•"^if'OPERAIiOMS 

U.S . DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS /M JJM ! ! P 3^ BU 

WASHINGTON, D.C. 

IN THE MATTER OF 

RECURRENT TRAINING CENTER, INsla/lOO Q ONIilVB H 

m? n I will 

FAA DOCKET NO. CPIOGLOOIO 

(Civil Penalty Action) 

DMS No, FAA-2010-0973 

OiAI3D3>:^ 

COMPLAINANT^S RESPONSE OPPOSING APPLICANT'S PETITION 

Pursuant to 14 C.F.R. §§ 14.28 and 13.233, the Complainant, 

the Federal Aviation Administration ("Complainant") files its 

response opposing Applicant's petition for leave to file an 

additional brief when Applicant has failed to show good cause. 

APPLICANT HAS FAILED TO SHOW GOOD CAUSE 

Applicant has failed to show good cause to petition for 

leave to file an additional brief. Therefore, Applicant's 

petition should be denied. 

On October 8, 2010, the Complainant filed its response to 

Applicant's application for an award of attorney's fees and 

other expenses pursuant to the Equal Access to Justice Act 

(EAJA), served on September 10, 2010. In its October 8, 2010 

response, the Complainant addressed the following issues: (1) 

that "Applicant's requested award should be severely reduced as 
Applicant is not entitled to an hourly rate in excess of that 

provided by statute and is not entitled to reimbursement for Mr. 

Killeen's excessive efforts;" (2) that Applicant's attorney did 

not possess "such unique expertise that it required an hourly 

rate above and beyond that permitted by statute and 

regulations," and (3) that the "amounts for which [Applicant's 

president] seeks ^reimbursement'. . . are not the type of 

attorneys and agents and similar litigation expenses for which 

Congress authorized reimbursement under the EAJA." Response at 

10-11. The Complainant clearly addressed all of these issues in 

its October 8, 2010 response brief. Therefore, the Applicant's 

present contention that Complainant, in its May 9, 2011 reply 

brief, "raised, for the first time" the proper amount of legal 

fees is wholly erroneous. 

The Applicant failed to address the Complainant's arguments 

when it had the opportunity to do so. On January 6, 2011, the 

Administrative Law Judge ("ALJ") issued his initial decision 

denying the Applicant's application for attorney's fees and 

other expenses. On January 8, 2011, the Applicant filed its 

notice of appeal to the ALJ's decision. On February 21, 2011, 

the Applicant filed its brief in support of its appeal of the 

ALJ's initial decision denying application for attorney's fees 

and other expenses. In this February 21, 2011 appeal brief, the 

Applicant had the opportunity to address the issue of attorney's 
and agent's fees, which the Complainant clearly addressed on 

pages 10-12 of its October 8, 2010 response to Applicant's 

initial application. Rather than address these issues in its 

February 21, 2011 appeal brief, the Applicant incorrectly stated 

that the Complainant, in its October 8, 2010 response brief, did 

not challenge whether the claimed attorney's fees and expenses 

were reasonable under the circumstances. The Applicant's 

decision not to address these issues when it had the opportunity 

to do so does not constitute good cause to address these issues 

in an additional brief. 

WHEREFORE, the Complainant respectfully requests that the 

Decisionmaker deny the Applicant's petition to allow Applicant 

to file an additional brief. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

J o ^ C. Stu^t, Jr. 

Attorney, AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

(202) 267-9958 

Dated: June 10, 2011 
Certificate of Service 

I hereby certify that I have sent via personal delivery, 

one original and one copy of the Complainant's Response Opposing 

Applicant's Petition, addressed to: 

Federal Aviation Administration 

600 Independence Ave, SW. 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

In addition, I hereby certify that I have on this date sent 

by certified mail, return receipt requested, and by facsimile, 

one copy addressed to: 

Charles R. Barnett, III 

Counsel for Applicant 

1664 Moorland Lane 

Crystal Lake, IL 60014-2985 

Fax: (815) 356-7042 

D6ted: June 10, 2011