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Federal Aviation Administration " ^ I " L * 11 V t l L.? 

Before the U.S. Department of Transportation -. ,^ -- ,,.-14, - ^ ^ \ ^ jf**-

EARING Kt)CH:£T 

MOTION TO DISMISS COUNTER COMPLAINT 

The Federal Aviation Administration (FAA) hereby files this Motion to Dismiss 

Michael Selig, MD, FACC'S Cotmter Complaint for lack of jurisdiction. Dr. Selig's 

counter complaint seeks damages, injunctive, and declaratory relief for "tortuous 

interference by intentional misrepresentation, intentional infliction of emotional distress, 

and hardships by attempting to harm, derail and shutting down of plaintiffs helicopter 

business." Counter Complaint at 1.' Dr. Selig also claims that the FAA and iLs 

employees have "attempted to extort monies" from him and caused economic harm. 

Under 14 C.F.R. § 13.205(b), the ALJs do not have the authority to grant the 

remedies sought by Dr. Selig. 

' Although Dr. -Selig filed this as a new action, il is related TO the FAA civil penalty action brought agatosi 

M & R Helicopters. 

^ Dr. Selig argue;! that '"defendants" caused this hann in the course of a civil penalty action brought by the 

FAA dgaJTist M & R Helicopters, owned and operated by Dr. Selig, for violations of FAA dnig and alcohol 

testing regulations. Once the FAA filed a complaint with the DOT, Dr. Selig began filing a barrage of 

jnotions and pleadings, which has escalated to a pattern of harassment and attacks on FAA employees. 

Dr. Selig makes a wide range of unsupported and ouiragcou.s accusations against FAA employees and 

names two of them as defendants in this complaint. The FAA views this Counter Complaint as part of thi.s 

ongoing abuse of the litigation process by Dr. Selig, I'he agency does not sec any legitimacy 10 these 

claims and has already filed numerous documents rejecting the suggestion that FAA employees have 

engaged in misconduct. 

) 

MICHAEL SKLIG, MD, FACC ) 

^- ) 

FEDERAL AVIATION ) 

ADMINISTRATION ) Docket No. CPIOSOOO11^ '-' Trp^'Ph 

) FAA Case No. 2009SO950434 0 ^^^C^ 

) Chief Judge Ronnie A. Yoder ,.j S^^ ^ 

") o 
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WIIHREFOKH, the FAA moves to dismiss the Counter Complaint. 

Respectflilly submitted. 

torncy 

! of the Chief Coun.sel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)267-9863 

Facsimile: (202)267-5160 

Dated; March 21, 2011 
03/30/2011 12:04 FAX 2024935142 FAA UH^ 

Certificate of Service 

I hereby certify that on this date 1 have placed in the U.S. mail, postage prepaid, 

certified remm-receipt, a copy of the Administrator's Motion to Di.smiss Counter 

Complaint In the Matter ofM & R Helicopters, Docket No. CPl OSOOOl 10, FAA Case 

no. 2009SO950434, addressed to: 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Wcsigate Dr., Suite 205 

I3cthlehem, PA 18017 

In addition, i hereby certify that on this date 1 have sent by the U.S. mail, postage 

prepaid, certified return-receipt and facsimile one copy of the foregoing document to: 

The Honorable Ronnie A. Yodcr 

Chief Administrative Law Judge 

U.S. Department of Transportation 

1200 New .Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, I hereby certify that on thi.s date I have sent by the US, mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2 Wl 000 

Washington, DC. 20591 

Atm; Hearing Docket Clerk, AGC-430 

Dated: March 21, 2011