In The Matter Of: 

SERVED December 11,2012 

U.S. DEP ARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2012-0477 

LIBERTY 

FOUNDATION, INC. 

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Case No. 2011 GL-03-0070 

Respondent 

2GiZ !! ~~ ?:04 

ORDER GRANTING RESPONDENT'S MOTION FOR EXTENSION AND 

GRANTING/DENYING OTHER RELIEF 

On November 2, 2012 the parties appeared by telephone for a Motion Conference 

on the disputed issue of venue. 

On November 29, 2012 an Order Setting Venue in Atlanta, Georgia was filed. 

On November 30, 2012 the Respondent filed the Respondent's Statement 

Regarding Order Setting Venue in Atlanta, Georgia. Iri this "Statement" the Respondent 

acknowledged that it had not reviewed the transcript of the November 2, 2012 motion 

conference. It appeared undisputed that the November2, 2012 transcript had been filed 

on the FDMS (Federal Docket Management System) public website on November 19, 

2012. However, the Respondent asserted iri its November 30, 2012 "Statement" that 

based on anecdotal memory of the November 2, 2012 conference, some of the findings in 

the November 29,2012 Order were erroneous. The Respondent did not move for any 

relief from the November 29,2012 Order, but noted within the "Statement" that it was 

seeking to "correct" the record; 

On December 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" or the Respondent's December 

11, 2012 Emergency Motion. 

Pursuant to 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 both parties to finish responding and serving answers to all additional general 

discovery requests, including, but is not limited to, the taking of depositions 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' new deadline for completing both general and supplemental 

discovery, which includes but is not limited to, the taking of depositions 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 relief to correct the litigation record. 

The Respondent's November 30, 2012 Statement Regarding Order Setting Venue 

in Atlanta, Georgia is an inferred Motion.· It is 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 in the 

November 29,2012 Order is granted in part as follows: 

Page 6 of the November 29, 2012 Order, fourth paragraph, fifth (5th) line, is 

hereby corrected to state: "that he was appearing pro bono and not charging 

for his fees." The words "planned to personally bear the brunt of all travel 

costs'' are stricken. 

Page 6 of the November 29, 2012 Order, fourth paragraph, seventh (7th) line, 

is hereby corrected to state: "it had limited funds to support any litigation." 

The word "no" is stricken. 

5. For clarifications of this order or questions with regard to the procedures to be 

followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at 

(202) 366-6941 at the Office of Hearings 

Attachment: Service List 

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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-Suite 2Wl000 

Ms. Adrianne Wojcik, Esq. 

Complainant's Counsel 

Office of the Regional Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration 

2300 East Devon A venue 

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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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: Hearing Docket Clerk, AGC-430.