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ERIC A. SEITZ 

ATTORNEY AT LAW 

A LAW CORPORATION 

ERIC A, SEITZ 1412 

LAWRENCE L KAWASAKI 5820 

DELLA A. BELAITI 7945 

RONALD N,W. KIM 8306 

820 Mililani Street 

Suite 714 

Honolulu, Hawaii 96813 

Telephone: (808) 533-7434 

Facsimile: (808) 545-3608 

Attorneys for Respondent 

u.s DEPARTME:NT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

RAYMOND H. FESSLER 

FAA DOCKET NO. CPl 0WP002 

(Civil Penalty Action) 

DMS No. FAA-2010-0020 

RESPONDENT FESSLER'S 

MOTION TO RECONSIDER 

VENUE; DECLARATION OF 

ERIC A. SEITZ; CERTIFICATE OF SERVICE 

;T.'T!'^,^l 

;n'.i;0,J 
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RESPONDENT FESSLER'S MOTION TO RECONSIDER VENUE 

Respondent Raymond H. Fessler hereby moves for reconsideration of 

the Administrative Judge's recent decision to conduct a hearing in this matter in 

Boise, Idaho. This motion is based upon the attached declaration of counsel and 

the records and files herein. 

DATED; Honolulu, Hawaii, April 7, 2010. 

ERIC A. SEITZ 

LAWRENCE I. KAWASAKI 

DELLA A. BELATTI 

RONALD N.W. KIM 

Attorneys for Respondent 
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U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

RAYMOND R FESSLER 

FAA DOCKET NO. CP10WP002 

(Civil Penalty Action) 

DMS No. FAA-2010-0020 

DECLARATION OF ERIC A. 

SEITZ 

DECLARATION OF ERIC A. SEITZ 

ERIC A. SEITZ hereby declares under penalty of perjury as follows: 

(1) I am the principal attorney for Raymond H. Fessler in the above 

entitled matter. 

(2) Although we requested that the hearing of this case be 

conducted in Honolulu, and FAAL counsel requested that the venue be in Los 

Angeles, the Administrative Judge recently informed us that he had selected Boise, 

Idaho as the hearing site. 

(3) Our request that the hearing be conducted in Honolulu arose 

from the circumstances that Mr. Fessler is indigent and cannot aflbrd to travel, so 

he will be testifying by telephone no matter where the proceedings occur; Mr. 

Fessler's pro bono counsel resides and works in Honolulu, and two key witnesses -
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FBI case agent Gary Smith and Mr. Fessler's Federal Public Defender Matthew 

Winter also reside and work in Honolulu and are not available to testify elsewhere. 

(4) On the other hand, FCC counsel, the Administrative Judge, and 

all of the airline witnesses will have their travel subsidized and are available to 

travel, at no cost to themselves, wherever a hearing may be conducted. 

(5) Mr. Fessler resides approximately three hundred miles from 

Boise, Idaho, and does not have the means or the funds to travel to Boise even if a 

hearing is conducted there. 

(6) Upon being advised of the Administrative Judge's ruling as to 

venue Mr. Fessler informed me tfciat he remains unemployed, does not have the 

money to drive or travel by public transportation to Boise, and cannot leave the 

two children for whose care he and his wife are now responsible. 

(7) In the event the hearing is conducted in Boise or in any location 

outside of Hawaii, I also will be unlikely to travel to that location because T will 

have to pay for my own expenses without reimbursement. 

(8) Accordingly, in the interests of justice, we request that the 

Administrative Judge reconsider his recent decision and schedule a hearing to be 
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FROM 

FAA + DMS 0006/00 7 

<VlED>H^r t T aOl O 14 : 4ereT . 14:41/No . 700000081 3 f e 

conducted in this matter in Honolulu, Hawaii. 

DATED: Honolulu, Hawaii, April 7, 2010. 

ERIC A. SEITZ 
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'^'*"'" <«eo>AP R 7- 201 0 14:4a/ST . I4 i 41/N-o.-rsoooooei s s> -T 

CERTIFICATE OF SERVICE 

I DO HEREBY CERTIFY that one copy of the within was duly 

served this date by facsimile and United States mail, first class postage prepaid, 

addressed to the following: 

CHRISTOPHER I. MERRILL, ESQUIRE 

Office of the Regional Counsel 

Western-Pacific Region, AWP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, Oilifomia 90009-2007 

Attorney for Complaintant 

DATED: Honolulu, Hawaii, Appl^T^OlO 

ERIC A. SEITZ