### FriendsoftheEastHamptonAirportv.**TownofEastHampton,FAADocket~No.** 

### 16-15-0
... Page 1of! 

### Friends ofthe East Hampton Airport v. Town of East Han-"lpton FAA 

### Docket No. 16-15-02: Unopposed Motion for Extension ofTime ' W. Eric Pilsk [epilsk@kaplankirsch.com] Sent: Wednesday, March 18, 2015 8:05 PM To: 9-AWA-AGC-Part-16 (FAA) Cc: lkirsch@mklawnyc.com; Mitchell, Scott E (FAA); Elizabeth Vail [EVaii@EHamptonNY.Giov] Attachments: East Hampton Motion for ExNl.PDF (150 KB); Proposed Order on East HaNl.DOCX C:22 KB) Please accept for filing in the above reference matter the Town of East Hampton's lJi! nopposed Motion for Extension ofTime to Respond to the Complaint and a proposed Order in Word. W. Eric_Pilsk Kaplan Kirsch & Rockwell LLP 1001 Connecticut Avenue, NW, Suite 800 Washington, DC 20036 epilsk@kaplankirsch.com Office: (202) 955-5600

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### https://email.dot.gov/owa/?ae=Item&t=IPM.Note&id=OUM.RgAAAAB2zEDBJe3iQoDU... 4/17/20ISUNITED STATES DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION WASHINGTON, D.C.

Friends ofthe East Hampton Airport, Inc. et a!., Complainants,
v. FAADocketNo. 16-15-02 Town ofEastHampton, NY Respondent.
RESPONDENT TOWN OF EAST HAMPTON, NEWYORK'SUNOPPOSED MOTION FOREXTENSION OF TIME TO RESPOND TO THE COMPLAINT Designation ofpersons to receive service for the Town ofEastHampton, New York:

EIizabeth Vail Town Attorney Town ofEast Hampton 159 Pantigo Road East Hampton, NY 11937 EVail@EHamptonNY.Gov W. Eric Pilsk Peter J. Kirsch Catherine van Heuven Kaplan Kirsch & Rockwell LLP 1001 Connecticut Ave., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com pkirsch@kaplankirsch.com cvanheuven@kaplankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616I. Respondent Town ofEast Hampton, New York (the "Town") moves, pursuantto 14 C.F.R. § 16.11, for an extension oftime to file its response to the Complaint in the abovecaptioned matter. Complainants filed their Complaint by letter dated January 29, 2015. The FAA issued a Notice ofDocketing ofthe Complaint, accompanied by a certificate ofservice dated February 27,2015, showing service by mail. The Town received the Notice ofDocketing by mail on March 6, 2015. 2. Pursuant to 14 C.F.R. § 16.17(c) and§ 16.23(d), the Town's response is due on March 24,2015 (twenty (20) days from February 27,2015, plus five (5) days for service by mail). 3. The Complaint raises a number ofissues relating to a number ofdifferent aspects ofairport operations, financial matters, leasing issues, airport fees, and maintenance and capital projects. In orderto research and respond tothose numerous issues, the Town needs to locate and review a large number ofTown records, many ofwhich are older and not readily available. Due to the limited staffat East Hampton Airport, and the Town itself, it will not be possible for the Town to locate and review all ofthe necessary documents, and prepare a complete response to the Complaint, by March 24. Allowing time for the Town to locate and review all ofthe relevant documents is necessary for the Town to provide a complete response to the issues raised in the Complaint. 4. In order to provide the Town with sufficienttime to locate and review the relevant documents, and draft an appropriate response to the Complaint, the Town requests an extension oftime until May 1, 2015, to file its response to the Complaint. The Town does not objectto Complainants receiving a proportional extension oftimeto file their Reply.

25. The extension oftime will not prejudice the FAA's investigation or its ability to afford appropriate reliefin this case. Moreover, this schedule will promote the efficient andjust resolution ofthis case by providing FAA with a complete factual record and the considered position ofthe Town as the basis tor its investigation. This will both promote the FAA's truthtinding objectives and reduce the scope ofthe investigation by FAA**staft~** Accordingly, the requested extensions will not adversely affect the parties or lmdermine FAA's enforcement authority. 6. Counsel forthe Town has conferred wifh Colmsel for Complainants and is informed that Complainants do not oppose this Motion. 7. The Town and Complainants have agreed to accept service via email and to file electronically for this proceeding. Counsel for Complainants' email address is lkirsch@mklawnyc.com. Counsel for the Town's email address is epilsk@kaplankirsch.com. 8. Forthe foregoing reasons, the Town respectfullyrequests that FAA grantthe Town an extension oftime until May l, 2015, to lile its response to the Complaint in this matter. Respectfully submitted this 18th day ofMarch, 2015.

Elizabeth Vail Town Attorney Town ofEast Hampton 159 Pantigo Road East Hampton, NY 11937 EVail@EHamptonNY.Gov W. Eric Pilsk PeterJ. Kirsch Catherine van Ueuven Kaplan Kirsch & Rockwell LLP l001 ConnecticutAve., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com pkirsch@kaplankirsch.com cvanheuven@kaplankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616CERTIFICATE O:F SERVICE 1hereby certifY that I have this day served the foregoing Respondent Town ofEast Hampton, New York's Motion for Extension ofTime to Respond to the Complaint on the f(>llowing parties by email atthe following addresses: Office ofthe ChiefCounsel Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 1 copy via Email 9-AWA-AGC-Part-16@taa.gov Leonard D. Kirsch McBreen & Kopko 500 North Broadway Jericho, NY 11753
Dated this 18th day ofMarch, 20.15
W.Eric

4UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### Friends ofthe East Hampton Airport, Inc. 

### et al., Complainants,
v. FAADocketNo. 16-15-02 Town ofEast Hampton, NY Respondent.
[Proposed] ORDER 

### OnMarch 18,2015, counsel for Respondent Town ofEast Hampton, NewYork (the "Town") filed anUnopposed Motion for an Extension ofTime to File Its Response to the Complaint in the above-captioned matter. The Town seeks an extension oftime to May 1, 2015. The Motion notes that the parties have conferred and that Respondents do not oppose the request. The Motion also notes that the extension will allow the Town adequate time to prepare its pleadings. The Motion adds that the extension will notprejudice the Federal Aviation Administration's (the "FAA") investigation and will promote the efficient andjustresolution of the case by providing the FAAwith a complete factual record. Under 14 C.F.R. 

### § 16.11, the FAA may grant the extension ofany time period prescribed "where necessary or appropriate for a fair and complete consideration ofmatters before the agency, prior to issuance ofthe Director's Determination." Accordingly, it is hereby ORDERED: 

### Respondent Town ofEast Hampton's Unopposed Motion for Extension ofTime is granted. The Town'sresponse to the Complaintis due byMay 1, 2015.

Randall Fiertz Director Office ofAirport Compliant and Management Analysis Date Issued
______ _CERTIFICATE OF SERVICE I hereby certify that onMarch__, 2015, I caused to be served onthe following parties by email and placed inthe United States mail (first class mail, postage paid), a true copy ofthe foregoing document and the following addresses: ElizabethVail TownAttorney Town ofEast Hampton 159 Pantigo Road East Hampton, NY 11937 EVaii@EHarnptonNY.Gov

Leonard D. Kirsch McBreen & Kopko 500 NorthBroadway Jericho, NY 11753 lkirsch@mklawnyc.com W. Eric Pilsk Peter J. Kirsch Catherine van Heuven Kaplan Kirsch & Rockwell LLP 1001 Connecticut Ave., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com pkirsch@kaplankirsch.com cvanheuven@kaplankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616

FAA Part 16 Proceedings Docket (internal mail) Office ofAirport Compliance, AC0-100 (internal mail)

2UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Friends ofthe East Hampton Airport, Inc. 

### et al., Complainants,
v. FAADocket No. 16-15-02 Town ofEast Hampton, NY Respondent.
[Proposed] ORDER OnMarch 18, 2015, counsel for Respondent Town ofEast Hampton, New York (the "Town") filed an Unopposed Motion for an Extension ofTime to File Its Response to the Complaintinthe above-captioned matter. The Town seeks anextension oftime to May 1, 2015. The Motionnotes that the parties have conferred and that Respondents do not oppose the request. The Motion also notes that the extensionwill allow the Town adequate time to prepare its pleadings. The Motion adds that the extension will not prejudice the Federal Aviation Administration's (the "FAA") investigation and will promote the efficient andjustresolution of the case byprovidingthe FAA with a complete factual record. Under 14 C.F.R. 

### § 16.11, the FAA may grant the extension ofany time periodprescribed "where necessary or appropriate for a fair and complete consideration ofmatters before the agency, prior to issuance ofthe Director's Determination." Accordingly, it is hereby ORDERED: Respondent Town ofEast Hampton's Unopposed Motion for Extension ofTime is granted. The Town's response to the Complaint is due by May 1, 2015.

Randall Fiertz Director Office ofAirport Compliant and Management Analysis Date Issued
______ _CERTIFICATE OF SERVICE I hereby certify that on March_, 2015, I caused to be served on the following parties by email and placed inthe United States mail (first class mail, postage paid), a true copy ofthe foregoing document and the following addresses: Elizabeth Vail Town Attorney TownofEast Hampton 159 Pantigo Road East Hampton, NY 11937 EVail@EHamptonNY.Gov

Leonard D. Kirsch McBreen & Kopko 500 North Broadway Jericho, NY 11753 1kirsch@mklawnyc.com W. Eric Pilsk PeterJ. Kirsch Catherine van Heuven Kaplan Kirsch & Rockwell LLP 1001 Connecticut Ave., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com pkirsch@kaplankirsch.com cvanheuven@kaplankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616

FAAPart 16 Proceedings Docket (internal mail) Office ofAirport Compliance, AC0-100 (internal mail)



### 2UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### Friends ofthe East HamptonAirport, Inc. 

### et al., Complainants,
v. 

### FAA DocketNo. 16-15-02 Town ofEast Hampton, NY Respondent.
[Proposed] ORDER 

### OnMarch 18,2015, counsel for Respondent Town ofEast Hampton, New York (the "Town") filed anUnopposed Motion for an Extension ofTime to File Its Response to the Complaint inthe above-captioned matter. The Town seeks an extension oftime to May 1, 2015. The Motion notes that the parties have conferred and that Respondents do not oppose the request. The Motion also notes that the extension will allowthe Town adequate time to prepare its pleadings. The Motion adds that the extension will notprejudice the Federal Aviation Administration's (the "FAA") investigation and will promote the efficient andjustresolution of the case byproviding the FAA with a complete factual record. Under 14 C.P.R. 

### § 16.11, the FAAmay grant the extension ofany time period prescribed "where necessary or appropriate for a fair and complete consideration ofmatters before the agency, prior to issuance ofthe Director's Determination." Accordingly, it is hereby ORDERED: 

### Respondent Town ofEast Hampton's Unopposed Motion for Extension ofTime is granted. The Town'sresponse to the Complaintis due by May I, 2015.

Randall Fiertz Director Office ofAirport Compliant and Management Analysis Date Issued
______ _CERTIFICATE OF SERVICE I hereby certify that onMarch , 2015, I caused to be served onthe following parties by email and placed in the United States mail (first class mail, postage paid), a true copy ofthe foregoing document and the following addresses: Elizabeth Vail TownAttorney Town ofEastHampton 159 Pantigo Road East Hampton, NY 11937 EVail@EHamptonNY.Gov

Leonard D. Kirsch McBreen & Kopko 500 NorthBroadway Jericho, NY 11753 lkirsch@mklawnyc.com W. Eric Pilsk Peter J. Kirsch Catherine van Heuven Kaplan Kirsch & Rockwell LLP 1001 Connecticut Ave., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com pkirsch@kaplankirsch.com cvanheuven@kaplankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616

FAA Part 16 Proceedings Docket (internal mail) Office ofAirport Compliance, AC0-100 (internal mail)

2