U. S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D. C. 

In the Matter of: RE!CE\VED 

LIBERTY FOUNDATION, INC., o~c \ n 2012 

Respondent. ~~~\E\\NG OOCKET 

Docket No. FAA-2012-0477 

Case No. 2011-GL-03-0070 

Honorable J. E. Sullivan, Administrative Law Judge 

--------------------------------------' 

RESPONDENT'S EMERGENCY MOTION TO STAY AND EXTEND THE 

DECEMBER 14.2012. DEADLINE REGARDING EXPERT 

WITNESS INFORMATION AND DEPOSITIONS 

Respondent, The Liberty Foundation, Inc. ("TLF"), by and through its 

undersigned attorney, respectfully moves the Court for the entry of an order staying and 

extending the December 14, 2012, deadline regarding expert witness information and 

depositions. In support of this Motion, TLF shows: 

Paragraph 7 of the Court's Order Setting Litigation Dates And Procedures 

sets a December 14, 2012, deadline for, inter alia, providing expert witness information 

and the taking of expert depositions. 

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 not yet complete. FAA is farther along in this process than is TLF, but TLF 

expects to have its expert witness information completed in the next ten days. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, Fl 33156 

T: {305) 670-1222 F: (305) 670-7065 

SIIIARTGOLDSTEINPA@ATINET 
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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 a motion 

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 FAA in 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 did not 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 at this time. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, Fl 33156 

T: (305) 670-1222 F: (305) 670-7065 

SI\ IARTGO! DSTFINPA@ATTNET 
3 

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 expert witnesses, more than one on each 

side, the furnishing of current information on the proposed experts and the preparation 

for and taking of expert depositions is likely to make the trial of this matter more efficient 

and more likely to lead to fruitful settlement discussions. 

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 FAA to 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 

expert witness information/deposition deadline and a 45 day extension thereof. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, Fl 33156 

T: (305) 670-1222 F: (305) 670-7065 

STlJARTGOLPSTE!NpA®AUNET 
Respectfully submitted, 

Stuart A. Goldstein, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

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By:___:.:j::,c,; ~ll&fN~il _::_/Jv_. 4t£-='~Lli==~_--- Stuart A. Goldstein 

Attorney for Respondent 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 4th day of December, 2012, this document was 

served on the persons/entities on the attached Service List in the manner set forth on 

the Service List. 

Original and One Copy to: 

Federal Aviation Administration 

600 Independence Avenue, S. W. 

Washington, D. C. 20591 

By: "L\Wfil !A. JiJMA & 

Stuart A. Goldstein 

SERVICE LIST 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

One CORY to: 

The Honorable J. E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 

STlJARIGO\ DSIEINPA@AITNET 
U. S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-31 O) 

Washington, D. C. 20590 

By Facsimile (202) 366-7536 

and regular U. S. Mail 

Adrianne Wojcik, Esq. 

Office of the Regional Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

By Facsimile (847) 294-7498 

and regular U. S. Mail 

and 

Christopher Stevenson, Esq. 

Office of the Regional Counsel 

Southern Region 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Facsimile: (404) 305-5223 

and regular U. S. Mail 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 

STl JABTGOI DSTFINPA®ATT NET 

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