01/31/2012 03:47 4154212550 DWORKIN AND ASSOC 

FAX TRANSMISSION 

MlCliAEL L. DWORKIN and ASSOCIATES 

Law Otllces 

465 California Street, Suite 210 

San Francisco, California 94104-1808 

Telephone: (415) 421-2500 

FAX: (415) 421-2560 

Email: law@avialex.com 

PAGE 01/05 

The pages comprising this fne;s:hnile t.:-aJJ.smission ~ontain confidential information from Michael L. Dworkin and 

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Please deliver the following page(s) to: 

Hearing Docket Clerk, AGCA30 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2Wl 000 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Fax: (202) 493-5142 

From: Michael L. Dworkin 

Total Number of Pages: 5 (including this cover page) 

Date: January 31,2012 

Re: Martinaire Aviation, LLC 

FAA Docket No.: 2011-GL-70-0205 

Respoudent's Status Report Pursuant the Procedll.1"a! Order 
01/31/2012 03:47 4154212550 DWORKIN f;N'-"D"-"A"'S"'S"'D"'C·-----·~'"---··"-' P0,%-, 02/ 06 

465 Calif-ornia Stt:(X;t 

Sulte;: 210 

• 

Calif,rnia 94104 

• 

(415) 4~1-2500 

Fax (415) 42!"2560 

"WVY"'\V.aviakx.com 

law(o.tvialex.com 

Michael L. Dworkin and Associates 

Federal A viatiou Administration 

800 Independence A venue SW 

Washington, DC 20591 

L;;.w Office~ 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

(Via Federal Express) 

Re: Martinaire Aviation, LLC 

FAA Case No. 2011-GL-70-0205 

DMS No. FAA-2011-1295 

Dear Ladies aud Gentlemen: 

Jauuary31, 2012 

Enclosed herewith f01:: filing, are an executed original and one copy each of 

Martinaire Aviation, LLC's Status Report Pursuant to Procedural Order. 

co: The Honorable .Richard C. Goodwin, Administrative Law Judge 

Kate Barber, Complaintant 's Counsel 
01/31/2012 03:47 4154212550 DWORKIN AND ASSOC 

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the.Matter of 

MARTINAIRE AVIATION, LLC 

FAA DOCKET NO. 

(CIVIL PENA~LT=:Ycc-A-:-:::::CT=I::::O~N""") --

FDMS NO . .fAA-2011-1295 

(JUDGE: THE HONORABLE RICHARD C. GOODWIN) 

PAGE 03/05 

RESPONDENT'S STATUS REPORT PURSUANT TO PROCEDURAL ORDER 

TO THE HONORABLE RICHARD C. GOODWIN, ADMINISTRATlVE LAW JUDGE 

AND TO MICHAEL P. HUERTA, ACTING ADMINISTRATOR, FEDERAL 

AVIATION ADMINISTRATION, by and through his attorney, KATE BARBER, ESQ.: 

MARTINAIRE AVIATION, LLC, the Respondent in this matter (hereinafter sometimes 

referred to as "MARTINAIRE"), by and through the undersigned counsel, and in compliance 

with the Proceduxal Order, served January 26, 2012, submits this Status Report, consisting of the 

following; 

I. 

VENUE 

Inasmuch as this case arose in Lansing, Michigan, and MARTINAIRE' s pilot resides in 

Lansing, !vlJ.chigan, MARTINAIRE requests that the hearing be held in Detroit, Michigan, which 

is approximately 50 miles from Lansing. 

There is no nexus between the facts of this case and Chicago, Illinois and/or Arlington, 

1 
01/31/2012 03:47 4154212550 DWORKIN AND ASSOC PAGE 04/05 

Texas. Scheduling the hearing for those cities would require that MARTINAIRE's pilot travel to 

Chicago or Arlington. While MARTINAIRE is headquartered in Addison, Texas, 

MARTINAIRE submits that a hearing in Detroit would be more convenient. As o:f the date of 

this Status Report, MARTINAIRE is informed and believes that there are only two (2) percipient 

witnesses to the facts alleged in the Complaint-i.e., MA.RTINAlRE's pilot and the FAA Special 

Agent, the latter who at the time that the case arose, was based in Detroit. While MARTINAIRE 

intends to call one or more witnesses to testifY as to its Affu:mative Defenses and other {actors in 

mitigation, MARTINAIRE has no objection to providing such person(s) at hearing in Detroit 

II. 

DISCOVERY 

MARTINAIRE intends to conclude discovery on or before Apri!6, 2012. However, this is 

subject to Complainant's prompt undertaking of discovery and its cooperation in 

MARTINAIRE's discovery efforts. 

III. 

DATES UPON WIITCH RESPONDENT/ITS COUNSEL AND WITNESSES 

WlLL NOT BE AVAILABLE FOR HEARING 

April24-26, 2012; 

May 5-11, 2012; 

May 21-25, 2012; 

July 14-August 1, 2012; 

August 25-September 7, 2012; 

September 25, 2012; 

2 
01/31/2012 03:47 4154212550 DWORKIN AND ASSDC PAGE 05/05 

October 10, 2012; 

October 24-26, 2012; and 

November 1-15,2012. 

lt is respectfully requested that the hearing be scheduled so as not to conflict with tbese 

dates of unavailability. 

IV. 

STATUS OF SETTLEMENT EFFO&TS 

MARTlNArRE is desirous of resolving this matter short of litigation and has, through 

counsel, made settlement overtures to Complainant. MA&TINArRE believes that any 

disposition of this matter by settlement should take into consideration all matters alleged and/or 

averred in MARTlNAIRE'S First through Seventh Affirmative Defenses, as contained in its 

Answer filed and served on January 17, 2012. 

ln addition, MARTINAIRE would have no objection to participating in a settlement 

conference or in alternative dispute resolution. 

Respectfully submitted. 

Dated: January 31,2012 

465 California Street, Suite 210 

San Francisco, CA 94104 

Telephone: (415) 421-2500 

FAX: (415) 421-2560 

Email: law@avialex.com 

Attorney for MARTINAIRE AVIATION, LLC 

3 
Bl/31/2Bl2 B3:47 415421255B DWORKIN AND ASSOC 

CERTIFICATE OF SERVICE 

l hereby certifY that I have this day served the following document: 

Respondents Status Report Pu.-suant to Procedural Order 

(Martinaire Aviation, LLC, FAA Case l\ro. 2011-GL-70-0205, DMS No. 2011-1295) 

PAGE B5/B5 

via FAX and FEDEX standard overnight delivery, to the persons and at the addresses indicated 

below: 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2W1 000 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Fax: (202) 493-5142 

(Executed Original plus one copy via FED EX; one copy via .FAX) 

The Honorable Richard C. Goodwin 

Administrative Law Judg<:: 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

FAX; (202) 366-7536 

(One copy each via FAX and FED EX) 

Kate Barber, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Great Lakes Region , AGL-7B 

Federal Aviation Administration 

2300 East Devon Avenue. 

Des Plaines, IL 60018 

FAX: (202) 366-7536 

(One copy each via FAX and FED EX) 

Executed this 31 •t day of January, 2012 in San Francisco, California.