U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief Counsel 

NOTICE OF DOCKETING 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

DEC 2 4 2014 

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 of Bend, Oregon Municipal Airport ("respondent") under the Rules of Practice for 

Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 of the Code of Federal 

Regulations ("14 CFRPart 16"), has been docketed by the Federal Aviation Administration's 

(FAA) Office of the Chief Counsel, as Docket No. 16-14-12, on December 24, 2014. 

The respondent is required to file an answer to the complaint within 20 days of the date of 

service of this notice. See 14 CFR § 16.23 (d). The answer shall deny or admit the allegations 

made in the complaint, and shall assert any affirmative defenses. 

In lieu of an answer, the respondent may file a motion to dismiss the complaint or a motion 

for summary judgment on the complaint. See 14 CFR § 16.26. The respondent may move 

for dismissal of the entire complaint or move for dismissal of specific issues from 

adjudication. The motion must be filed within 20 days after the date of service of this notice 

of docketing. See 14 CFR § 16.26. The complainants may file an answer to the motion to 

dismiss within 10 days of the date the motion is served on the complainants. See 14 CFR § 

16.26. If such a motion is filed under § 16.26, an answer must be filed within 20 days of the 

date of service of an FAA order denying all or part of that motion. See 14 CFR § 16.23 (d). 

The complainants may file a reply within 10 days of the date of service of the answer. The 

respondent may file a rebuttal within 10 days of the date of service of the 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 of the facts 

relied upon to 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 

of service) by the persons filing them on all parties to the proceeding, and with the Office of 

the Chief Counsel 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 of electronic filing or unless otherwise specified, an 

executed original and three copies of each document shall be filed with the Part 16 Docket 

Clerk. One of the three copies shall not be stapled, bound or hole-punched. See 14 CFR § 

16.13(c). 
Pursuant to 14 CFR § 16.13(h), electronic filing of Part 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 of the e-mail must 

contain the names of the complainant and respondent, as well as the FAA docket 

number, if assigned. The size of the email may not exceed 10 MB. 

• E-mail filings shall be sent to the FAA Docket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only if the opposing party has agreed with 

the complainant in writing to participate in electronic filing; otherwise service 

must be made pursuant to 14 CFR §16.15.) The FAA will not provide any 

acknowledgement or receipt to parties filing electronically. 

• A party filing electronically must provide the FAA Docket Clerk and the 

opposing party an e-mail address designating its representative to receive 

electronic pleadings and documents by e-mail. 

• A party availing itself of electronic filing as described in this 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 of service 

stating the method as electronic by or via e-mail. In regard to computation of 

time, the date of the e-mail is not included in the computation oftime under this 

part. See 14 CFR § 16.17 (a). Parties will start the count as of the day following 

the date the e-mail was sent. 1 

The Department of Transportation (DOT) uses the government-wide Federal Docket 

Management System (FDMS) at http://www.regulations.gov. Accorclingly, if filing paper 

documents with the FAA, please ensure that at least one of the required copies is 

unbound and without tabs. Exhibit numbers in unbound copies should be noted on the 

first page of each exhibit or in divider pages. The FAA will forward all electronic 

submissions (like the paper submissions) to FDMS for public viewing. 

Elizabeth Newman 

Attorney, Airport Law Branch 

Office of the Chief Counsel 

1 Please note- this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 

16.13 (a), (b), and (c). If a party subsequently decides to "opt-out" of electronic filing, it must notifY 

the FAA Docket Clerk and opposing party in writing. See 14 CFR § 16.13 (h)(4). The electronic 

filing method may be used in lieu of or 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) or personally delivered a true copy of the foregoing 

NOTICE OF DOCKETING addressed to: 

Counsel for Complainant 

Leonard D. Kirsch, Esq. 

McBreen &Kopko 

500 North Broadway 

Jericho, New York 11753 

Mr. Martin E. 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 of Robert E. Franz Jr. 

730 B St 

Springfield, OR 97477 

Ms. Mary Winters, City Attorney 

City of Bend 

City Hall, 710 NW Wall Street 

P.O. Box431 

Bend, OR 97709 

Hand-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

FAA Office of Airport Compliance and Management Analysis, AC0-1 00 

~ron Long 

Airports & Environment Law Division 

FAA Office ofthe Chie Counsel