U.S. Department ofTransportation Federal Aviation Administration Office ofthe Chief Counsel

NOTICE OF DOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591



## DEC 

## 2 42014

Please be advised that the complaint filed by The Flight Shop, Inc. d/b/a Professional Air ("Pro Air") and Aero Facilities, LLC ("Aero Facilities") (together, "complainants") against City ofBend, Oregon Municipal Airport ("respondent") under the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 ofthe Code ofFederal Regulations ("14 CFRPart 16"), has been docketed by the Federal Aviation Administration's (FAA) Office ofthe ChiefCounsel, as DocketNo. 16-14-12, on December 24, 2014.
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 defenses.

Inlieu ofan answer, the respondent may file a motionto dismiss the complaint or a motion for summaryjudgment onthe complaint. See 14 CFR § 16.26. The respondent may move for dismissal ofthe entire complaint or move for dismissal ofspecific issues from adjudication. The motion must be filed within 20 days after the date ofservice ofthis notice ofdocketing. See 14 CFR 

### § 16.26. The complainants may file an answer to the motion to dismiss within 10 days ofthe date the motion is served onthe complainants. See 14 CFR § 16.26. Ifsuch a motion is filed under § 16.26, an answer must be filed within 20 days ofthe date ofservice ofan FAA order denying all orpart ofthat motion. See 14 CFR 

### § 16.23 (d).
The complainants 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 complainants' reply. See 14 CFR § 16.23(e) and (f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by supporting documentation upon which the parties rely. The answer, reply, and rebuttal shall each contain a concise but complete statement ofthe facts relied uponto 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 with the FAA in this proceeding shall be served (and include a certificate ofservice) bythe persons filing them onall parties to the proceeding, and withthe Office of the ChiefCounsel as follows: FAA Part 16 Docket Clerk, AGC-600, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. See 14 CFR §§ 16.13 and 16.15. With the exception ofelectronic filing or unless otherwise specified, an executed original and three copies ofeach document shall befiled with the Part 16 Docket Clerk. One ofthe three copies shall notbe stapled, bound or hole-punched. See 14 CFR § 16.13(c).Pursuantto 14 CFR § 16.13(h), electronic filing ofPart 16 documents is permitted under the following guidelines:

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

• E-mail filings shall be sent to the FAADocket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only ifthe opposingpartyhas agreed with the complainant in writing to participate in electronic filing; otherwise service mustbe made pursuant to 14 CFR §16.15.) The FAA will notprovide any acknowledgement or receipt to parties filing electronically.

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

• A party availing itselfofelectronic filing as described inthis document and 14 CFR § 16.13 (h) waives its rights under Part 16 to service by any other means from the opposing party or FAA.

• A party filing electronically will include with its pleadings a certificate ofservice statingthe method as electronic by or via e-mail. Inregard to computation of time, the date ofthe e-mail is not included inthe computation oftimeunder 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. Accorclingly, iffiling paper documents with the 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 or in divider pages. The FAA will forward all electronic submissions (like the paper submissions) to FDMS for public viewing.

ElizabethNewman Attorney, Airport LawBranch Office ofthe ChiefCounsel

1Please note- this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 16.13 (a), (b), and (c). Ifa party subsequently decides to "opt-out" ofelectronic filing, it must notifY the FAA DocketClerk and opposing party in writing. See 14 CFR § 16.13 (h)(4). The electronic filing method maybe used in lieu ofor in addition to the existing requirements set forth in Part 16.CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 24,2014, I caused to be placed in the United States Mail (first class mail, postage paid) orpersonally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:

Counsel for Complainant

Leonard D. Kirsch, Esq. McBreen &Kopko 500 NorthBroadway Jericho, New York 11753

Mr. MartinE. Hansen, Esq. Francis, Hansen & Martin LLP 1148 NW Hill St Bend, OR 97701

Counsel for Respondent

Mr. Pablo Niiesch, Esq. Spiegel & McDiarmid LLP 1875 Eye Street, NW Suite 700 Washington, DC 20006

Mr. Robert Franz, Jr., Esq. Law Office ofRobert E. Franz Jr. 730 B St Springfield, OR 97477

Ms. Mary Winters, City Attorney City ofBend City Hall, 710 NWWall Street P.O. Box431 Bend, OR 97709

Hand-Delivered to: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and ManagementAnalysis, AC0-100

**~ron** Long Airports & Environment Law Division FAA Office ofthe Chie Counsel