In The Matter Of: SERVED 

### December 11,2012
U.S. DEP ARTMENTOF TRANSPORTATION

OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2012-0477 LIBERTY FOUNDATION, INC. ) ) ) ) ) ) Case No. 2011 GL-03-0070 Respondent 

### 2GiZ 

### !!**~~** 

### ?:04

ORDER GRANTING RESPONDENT'S MOTION FOREXTENSION AND GRANTING/DENYING OTHER RELIEF

OnNovember 2, 2012 the parties appeared bytelephone for a Motion Conference on the disputed issue ofvenue. OnNovember 29, 2012 an Order Setting Venue inAtlanta, Georgia was filed. OnNovember 30, 2012 the Respondent filed the Respondent's Statement Regarding Order Setting Venue inAtlanta, Georgia. Iri this "Statement"the Respondent acknowledged that ithad not reviewed the transcript ofthe November 2, 2012 motion conference. It appeared undisputed that the November2, 2012 transcript hadbeenfiled onthe FDMS (Federal Docket Management System) public website onNovember 19, 2012. However, the Respondent asserted iri its November 30, 2012 "Statement"that based on anecdotal memory ofthe November 2, 2012 conference, some ofthe findings in theNovember 29,2012 Order were erroneous. The Respondent did not move for any relieffrom the November 29,2012 Order, but noted within the "Statement" that it was seeking to "correct"the record; OnDecember 4, 2012 the Respondent filed the Respondent's Emergency Motion re Expert Deadlines. As oftoday's date (December 11, 2012) the FAA has not filed any response to either the Respondent's November 30, 2012 "Statement" orthe Respondent's December 11, 2012 Emergency Motion. Pursuantto 14 C.P.R. §13.205(a) (6) and (8), Civ. R. 16, 14 C.P.R. §13.217, 14 C.P.R. §13.218, and 14 C.P.R. §13.220, and after reviewing all relevant caselaw, decisions, regulation, statutory authority, the November 2, 2012 transcript, and being fully advised;
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### IT IS 

### HEREBY ORDERED: 1. The Respondent's Motion to Extend the December 14, 2012 deadline for bothparties to finish responding and serving answers to all additional general discovery requests, including, but is not limited to, the taking ofdepositions and serving responses to all Requests for Discovery pursuant to CR 26

- CR 36 and 14 C.F.R. §13.220(b) and (e), is granted. 2. The parties' newdeadline for completing both general and supplemental discovery, which includes but is not limited to, the taking ofdepositions and serving responses to all Requests for Discovery pursuant to CR 26

- CR 36 and 14 C.P.R. §13.220(b) and (e), is January 

### 31,2013. 3. A party in a litigation action must move for reliefto correctthe litigationrecord. The Respondent's November 30, 2012 Statement Regarding Order Setting Venue inAtlanta, Georgia is an inferred Motion.· Itis hereby retitled Respondent's Motion to Correct the Findings in the November 29, 2012 Order. 4. The Respondent's retitled Respondent's Motion to Correct the Findings inthe November 29,2012 Order is granted in part as follows: Page 6 ofthe November 29, 2012 Order, fourth paragraph, fifth 

### (5th) line, is hereby corrected to state: "thathe was appearingpro bono andnot charging for his fees." The words "planned to personally bearthe brunt ofall travel costs'' are stricken. Page 6 ofthe November 29, 2012 Order, fourth paragraph, seventh 

### (7th) line, is hereby correctedto state: "ithad limitedfunds to support any litigation." The word "no" is stricken. 5. For clarifications ofthis order orquestions withregard to the procedures to be followed inthis case, please contact Mr. Cody 

### L. Smith, Attorney-Advisor, at (202) 366-6941 atthe Office ofHearings

Attachment: Service List

Page 

### 2 of2

### SERVICE LIST- BY U.S. 

### MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration1 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000

Ms. Adrianne Wojcik, Esq. 

### Complainant's Counsel Office ofthe Regional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018-4696 TEL: 847-294-7109 FAX: 847-294-7498 Mr. Stuart A. Goldstein, Esq. 

### Respondent's Counsel Stuart A. Goldstein, P.A. 9350 South Dixie Highway, lOth Floor Miami, FL 33156 TEL: 305-670-1222 FAX: 305-670-7065 Judge J.E. Sullivan 

### U S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 

### ONE COPY FDMS No. FAA-2012-0477 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.