FriendsoftheEastHamptonAirportv. TownofEastHampton,FAADocket~No. 16-15-0 ... Page 1 of! 

Friends of the East Hampton Airport v. Town of East Han-"lpton FAA Docket 

No. 16-15-02: Unopposed Motion for Extension of Time ' 

W. Eric Pilsk [epilsk@kaplankirsch.com] 

Sent: Wednesday, March 18, 2015 8:05 PM 

To: 9-AWA-AGC-Part-16 (FAA) 

Cc: lkirsch@mklawnyc.com; Mitchell, Scott E (FAA); Elizabeth Vail [EVaii@EHamptonNY.Giov] 

Attachments: East Hampton Motion for ExNl.PDF (150 KB); Proposed Order on East HaNl.DOCX C:22 KB) 

Please accept for filing in the above reference matter the Town of East Hampton's lJi! nopposed Motion for 

Extension of Time to Respond to the Complaint and a proposed Order in Word. 

W. Eric_Pilsk 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Avenue, NW, Suite 800 

Washington, DC 20036 

epilsk@kaplankirsch.com 

Office: (202) 955-5600 

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https://email.dot.gov/owa/?ae=Item&t=IPM.Note&id=OUM.RgAAAAB2zEDBJe3iQoDU... 4/17/20IS 
UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Friends of the East Hampton Airport, Inc. et a!., 

Complainants, 

v. FAADocketNo. 16-15-02 

Town of East Hampton, NY 

Respondent. 

RESPONDENT TOWN OF EAST HAMPTON, NEW YORK'S UNOPPOSED MOTION 

FOR EXTENSION OF TIME TO RESPOND TO THE COMPLAINT 

Designation of persons to receive service for the Town of East Hampton, New York: 

E Iizabeth Vail 

Town Attorney 

Town of East Hampton 

159 Pantigo Road 

East Hampton, NY 11937 

EVail@EHamptonNY .Gov 

W. Eric Pilsk 

Peter J. Kirsch 

Catherine van Heuven 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, D.C. 20036 

epilsk@kaplankirsch.com 

pkirsch@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 
I. Respondent Town of East Hampton, New York (the "Town") moves, pursuant to 

14 C.F.R. § 16.11, for an extension of time to file its response to the Complaint in the abovecaptioned matter. Complainants filed their Complaint by letter dated January 29, 2015. The 

FAA issued a Notice of Docketing of the Complaint, accompanied by a certificate of service 

dated February 27,2015, showing service by mail. The Town received the Notice of Docketing 

by mail on March 6, 2015. 

2. Pursuant to 14 C.F.R. § 16.17(c) and§ 16.23(d), the Town's response is due on 

March 24,2015 (twenty (20) days from February 27,2015, plus five (5) days for service by 

mail). 

3. The Complaint raises a number of issues relating to a number of different aspects 

of airport operations, financial matters, leasing issues, airport fees, and maintenance and capital 

projects. In order to research and respond to those numerous issues, the Town needs to locate 

and review a large number of Town records, many of which are older and not readily available. 

Due to the limited staff at East Hampton Airport, and the Town itself, it will not be possible for 

the Town to locate and review all of the necessary documents, and prepare a complete response 

to the Complaint, by March 24. Allowing time for the Town to locate and review all of the 

relevant documents is necessary for the Town to provide a complete response to the issues raised 

in the Complaint. 

4. In order to provide the Town with sufficient time to locate and review the relevant 

documents, and draft an appropriate response to the Complaint, the Town requests an extension 

oftime until May 1, 2015, to file its response to the Complaint. The Town does not object to 

Complainants receiving a proportional extension oftime to file their Reply. 

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5. The extension of time will not prejudice the FAA's investigation or its ability to 

afford appropriate relief in this case. Moreover, this schedule will promote the efficient and just 

resolution of this case by providing FAA with a complete factual record and the considered 

position ofthe Town as the basis tor its investigation. This will both promote the FAA's truthtinding objectives and reduce the scope of the investigation by FAA staft~ Accordingly, the 

requested extensions will not adversely affect the parties or lmdermine FAA's enforcement 

authority. 

6. Counsel for the Town has conferred wifh Colmsel for Complainants and is 

informed that Complainants do not oppose this Motion. 

7. The Town and Complainants have agreed to accept service via email and to file 

electronically for this proceeding. Counsel for Complainants' email address is 

lkirsch@mklawnyc.com. Counsel for the Town's email address is epilsk@kaplankirsch.com. 

8. For the foregoing reasons, the Town respectfully requests that FAA grant the 

Town an extension of time until May l, 2015, to lile its response to the Complaint in this matter. 

Respectfully submitted this 18th day ofMarch, 2015. 

Elizabeth Vail 

Town Attorney 

Town of East Hampton 

1 59 Pantigo Road 

East Hampton, NY 1193 7 

EVail@EHamptonNY.Gov 

W. Eric Pilsk 

Peter J. Kirsch 

Catherine van Ueuven 

Kaplan Kirsch & Rockwell LLP 

l 001 Connecticut Ave., NW, Suite 800 

Washington, D.C. 20036 

epilsk@kaplankirsch.com 

pkirsch@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 
CERTIFICATE O:F SERVICE 

1 hereby certifY that I have this day served the foregoing Respondent Town of East 

Hampton, New York's Motion for Extension of Time to Respond to the Complaint on the 

f(>llowing parties by email at the following addresses: 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

1 copy via Email 

9-AWA-AGC-Part-16@taa.gov 

Leonard D. Kirsch 

McBreen & Kopko 

500 North Broadway 

Jericho, NY 11753 

Dated this 18th day of March, 20.15 

W.Eric 

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UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Friends of the East Hampton Airport, Inc. et al., 

Complainants, 

v. FAADocketNo. 16-15-02 

Town of East Hampton, NY 

Respondent. 

[Proposed] ORDER 

On March 18,2015, counsel for Respondent Town of East Hampton, New York (the "Town") 

filed an Unopposed Motion for an Extension of Time to File Its Response to the Complaint in the 

above-captioned matter. The Town seeks an extension of time to May 1, 2015. 

The Motion notes that the parties have conferred and that Respondents do not oppose the request. 

The Motion also notes that the extension will allow the Town adequate time to prepare its 

pleadings. The Motion adds that the extension will not prejudice the Federal Aviation 

Administration's (the "FAA") investigation and will promote the efficient and just resolution of 

the case by providing the FAA with a complete factual record. 

Under 14 C.F.R. § 16.11, the FAA may grant the extension of any time period prescribed "where 

necessary or appropriate for a fair and complete consideration of matters before the agency, prior 

to issuance of the Director's Determination." 

Accordingly, it is hereby ORDERED: 

Respondent Town of East Hampton's Unopposed Motion for Extension of Time is granted. The 

Town's response to the Complaint is due by May 1, 2015. 

Randall F iertz 

Director 

Office of Airport Compliant and 

Management Analysis 

Date Issued ______ _ 
CERTIFICATE OF SERVICE 

I hereby certify that on March__, 2015, I caused to be served on the following parties by 

email and placed in the United States mail (first class mail, postage paid), a true copy ofthe 

foregoing document and the following addresses: 

Elizabeth Vail 

Town Attorney 

Town of East Hampton 

159 Pantigo Road 

East Hampton, NY 1193 7 

EVaii@EHarnptonNY .Gov 

Leonard D. Kirsch 

McBreen & Kopko 

500 North Broadway 

Jericho, NY 11753 

lkirsch@mklawnyc.com 

W. Eric Pilsk 

Peter J. Kirsch 

Catherine van Heuven 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, D.C. 20036 

epilsk@kaplankirsch.com 

pkirsch@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 

FAA Part 16 Proceedings Docket (internal mail) 

Office of Airport Compliance, AC0-1 00 (internal mail) 

2 
UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Friends of the East Hampton Airport, Inc. et al., 

Complainants, 

v. FAA Docket No. 16-15-02 

Town of East Hampton, NY 

Respondent. 

[Proposed] ORDER 

On March 18, 2015, counsel for Respondent Town of East Hampton, New York (the "Town") 

filed an Unopposed Motion for an Extension of Time to File Its Response to the Complaint in the 

above-captioned matter. The Town seeks an extension of time to May 1, 2015. 

The Motion notes that the parties have conferred and that Respondents do not oppose the request. 

The Motion also notes that the extension will allow the Town adequate time to prepare its 

pleadings. The Motion adds that the extension will not prejudice the Federal Aviation 

Administration's (the "FAA") investigation and will promote the efficient and just resolution of 

the case by providing the FAA with a complete factual record. 

Under 14 C.F .R. § 16.11, the FAA may grant the extension of any time period prescribed "where 

necessary or appropriate for a fair and complete consideration of matters before the agency, prior 

to issuance of the Director's Determination." 

Accordingly, it is hereby ORDERED: 

Respondent Town of East Hampton's Unopposed Motion for Extension of Time is granted. The 

Town's response to the Complaint is due by May 1, 2015. 

Randall Fiertz 

Director 

Office of Airport Compliant and 

Management Analysis 

Date Issued ______ _ 
CERTIFICATE OF SERVICE 

I hereby certify that on March_, 2015, I caused to be served on the following parties by 

email and placed in the United States mail (first class mail, postage paid), a true copy of the 

foregoing document and the following addresses: 

Elizabeth Vail 

Town Attorney 

Town of East Hampton 

159 Pantigo Road 

East Hampton, NY 1193 7 

EV ail@EHamptonNY.Gov 

Leonard D. Kirsch 

McBreen & Kopko 

500 North Broadway 

Jericho, NY 11753 

1kirsch@mklawnyc.com 

W. Eric Pilsk 

Peter J. Kirsch 

Catherine van Heuven 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, D.C. 20036 

epilsk@kaplankirsch.com 

pkirsch@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 

FAA Part 16 Proceedings Docket (internal mail) 

Office of Airport Compliance, AC0-100 (internal mail) 

2 
UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Friends of the East Hampton Airport, Inc. et al., 

Complainants, 

v. FAA Docket No. 16-15-02 

Town of East Hampton, NY 

Respondent. 

[Proposed] ORDER 

On March 18,2015, counsel for Respondent Town of East Hampton, New York (the "Town") 

filed an Unopposed Motion for an Extension of Time to File Its Response to the Complaint in the 

above-captioned matter. The Town seeks an extension of time to May 1, 2015. 

The Motion notes that the parties have conferred and that Respondents do not oppose the request. 

The Motion also notes that the extension will allow the Town adequate time to prepare its 

pleadings. The Motion adds that the extension will not prejudice the Federal Aviation 

Administration's (the "FAA") investigation and will promote the efficient and just resolution of 

the case by providing the FAA with a complete factual record. 

Under 14 C.P.R. § 16.11, the FAA may grant the extension of any time period prescribed "where 

necessary or appropriate for a fair and complete consideration of matters before the agency, prior 

to issuance of the Director's Determination." 

Accordingly, it is hereby ORDERED: 

Respondent Town of East Hampton's Unopposed Motion for Extension of Time is granted. The 

Town's response to the Complaint is due by May I, 2015. 

Randall Fiertz 

Director 

Office of Airport Compliant and 

Management Analysis 

Date Issued ______ _ 
CERTIFICATE OF SERVICE 

I hereby certify that on March , 2015, I caused to be served on the following parties by 

email and placed in the United States mail (first class mail, postage paid), a true copy ofthe 

foregoing document and the following addresses: 

Elizabeth Vail 

Town Attorney 

Town of East Hampton 

159 Pantigo Road 

East Hampton, NY 1193 7 

EV ail@EHamptonNY. Gov 

Leonard D. Kirsch 

McBreen & Kopko 

500 North Broadway 

Jericho, NY 11753 

lkirsch@mklawnyc.com 

W. Eric Pilsk 

Peter J. Kirsch 

Catherine van Heuven 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, D.C. 20036 

epilsk@kaplankirsch.com 

pkirsch@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 

FAA Part 16 Proceedings Docket (internal mail) 

Office of Airport Compliance, AC0-1 00 (internal mail) 

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