U. S. DEPARTMENTOFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D. C. In the Matterof: 

# RE!CE\VED
LIBERTY FOUNDATION, INC.,

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# \n 2012 Respondent.

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Docket No. FAA-2012-0477 Case No. 2011-GL-03-0070 HonorableJ. E. Sullivan, Administrative LawJudge 

## --------------------------------------' RESPONDENT'S EMERGENCY MOTION TO STAYAND EXTENDTHE DECEMBER 14.2012. DEADLINE REGARDING EXPERT WITNESS INFORMATIONAND DEPOSITIONS Respondent, The Liberty Foundation, Inc. ("TLF"), by and through its undersigned attorney, respectfully 

### movesthe Courtfor the entry of an order staying and extending the December 14, 2012, deadline regarding expert witness information and depositions. In support ofthis Motion, TLF shows: Paragraph 7 of the Court's Order Setting Litigation DatesAnd Procedures sets a December 14, 2012, deadline for, interalia, providing expertwitness information and the taking of expertdepositions. Although the parties have engaged in extensive interrogatory and request for production discovery, they have not yet commenced taking depositions, in part due to the fact that existing discovery has only recently been supplemented and expert information is notyetcomplete. FAAis farther along inthis processthan isTLF, butTLF expectsto have its expertwitness information completed in the nextten days.

STUARTA. GOLDSTEIN, P. A. 9350SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, Fl 33156 T: {305) 670-1222 F: (305) 670-7065 SIIIARTGOLDSTEINPA@ATINET2 Following receipt of the Court's order regarding venue on November 29, 2012, in an attempt to comply with Paragraph B of the Court's September 24, 2012, Order, undersigned counsel called counsel for the FAA (Ms. Wojcik) to discuss amotion to extend the expert information/discovery deadline. Ms. Wojcik was not available so undersigned counsel asked for and spoke to FAA's other counsel, Mr. Zurales, who informed undersigned counsel that FAA had decided to transfer the case to the FAA's Southern (Atlanta) Regional Counsel's office for further proceedings and that the file
was in the process of being packaged and shipped. FAA counsel (Ms.Wojcik) in a subsequent conversation, on November 30, 2012 (confirmed by email), advised undersigned counsel he should speak with FAA attorney Christopher Stevenson of the Southern Regional Counsel's office on these issues. Although Mr. Stevenson has not yet filed an appearance in the case, undersigned counsel understands he will be representing the FAAin this matter. In a continuing attempt to comply with Paragraph B of the Court's September 24, 2012, Order, undersigned counsel called Mr. Stevenson at approximately 9:00 AM on Monday, December 3, 2012, to discuss these issues and also emailed Mr. Stevenson regarding these issues. Mr. Stevenson didnot respond on December 3rd. Therefore, undersigned counsel called and spoke with Mr. Stevenson the morning of December 4, 2012 (the date of this Motion), regarding these issues. Also on this date, undersigned counsel emailed a draft of this Motion to Mr. Stevenson in the hope he would be in a position to state whether the FAA would oppose this Motion. Mr. Stevenson emailed undersigned counsel that he was not able to state FAA's position on this Motion atthis time.

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, Fl 33156 T: (305) 670-1222 F: (305) 670-7065 SI\ IARTGO! DSTFINPA@ATTNET3 Undersigned counsel is scheduled to leave for Washington, D. C., on the morning of Wednesday, December 5, 2012, to attend the 2012 International Air 

### & Transportation Safety Bar Association (IATSBA) Conference at the National Transportation Safety Board. The Conference extends through Saturday, December 8, 2012, and therefore, undersigned counsel will not be back in his office until Monday, December 10, 2012, just four days before the expert witness information/deposition deadline. As both parties have designated expertwitnesses, morethan one on each side, the furnishing of current information on the proposed experts and the preparation for and taking of expertdepositions is likelyto makethe trial of this matter more efficient and more likelyto lead tofruitful settlementdiscussions. This Motion is not interposed for delay or any improper purpose. Paragraph 2 of the Court's November 21, 2012, Order on the FAA's Motion To Allow Late Identified Expert Witnesses, etc., invited the FAAto file a supplemental motion for relief if it felt it necessary to do so. Undersigned counsel is respectfully taking advantage of that invitation at this time due to undersigned counsel's immediate travel schedule. For these reasons, TLF respectfully requests a stay of the December 14 expertwitness information/deposition deadline and a45 day extensionthereof.

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, Fl 33156 T: (305) 670-1222 F: (305) 670-7065 STlJARTGOLPSTE!NpA®AUNETRespectfully submitted, StuartA. Goldstein, P. A. 9350 South Dixie Highway, 1Oth Floor Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgoldsteinpa@att.net 4

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# 4t£-='~Lli==~_--- StuartA. Goldstein Attorneyfor Respondent
CERTIFICATE OF SERVICE I HEREBYCERTIFYthat on this 4th day of December, 2012, this documentwas served on the persons/entities on the attached Service List in the manner set forth on the Service List.

Original and OneCopyto: FederalAviationAdministration 600 IndependenceAvenue, S. W. Washington, D. C. 20591 By:

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# & StuartA. Goldstein

SERVICE LIST

Attention: Hearing DocketClerk, AGC-430 Wilbur Wright Building, Suite 2W1000
One CORYto: The HonorableJ. E. Sullivan,Administrative LawJudge Office of Hearings, M-20 STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305) 670-7065 STlJARIGO\DSIEINPA@AITNETU. S. DepartmentofTransportation 1200 NewJerseyAvenue, S. E. (E11-31O) Washington, D. C. 20590 By Facsimile (202) 366-7536 and regular U. S. Mail
Adrianne Wojcik, Esq. Office ofthe Regional Counsel Great Lakes Region, AGL-7 Federal AviationAdministration 2300 East Devon Avenue Des Plaines, IL 60018-4696 By Facsimile (847) 294-7498 and regular U. S. Mail and Christopher Stevenson, Esq. Office ofthe Regional Counsel Southern Region Federal Aviation Administration P. 

### 0. Box20636 Atlanta, GA 30320 By Facsimile: (404) 305-5223 and regular U. S. Mail

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305) 670-7065 STlJABTGOI DSTFINPA®ATTNET 5