RECEIVED 

JUL 2 9 2015 

U.S. DEPARTMENT OF 1RANSPORTATION 

OFFICE OF HEARINGS HEARING DOCKET 

WASHINGTON, D.C. 

In the Matter of Northeastern Aviation Corp., Respondent 

Docket Nos. FAA-2014-0812 

Case No. 2012EA11028 

Administrative Law Judge J.E. Sullivan 

AGENCY'S REPLY TO RESPONDENT'S RESPONSE AND OPPOSITION TO 

AGENCY'S MOTION TO COMPEL MORE SPECIFIC RESPONSES TO REQUEST 

FOR ADMISSIONS 

The Complainant, the Agency, and replies to Respondent's Response and Opposition to 

Agency's Motion to Compel More Specific Responses to Request for Admissions (hereinafter 

"Respondent's Response") as follows: 

(I) In Respondent's Response, it is suggested that the Agency filed a its motion to compel 

before waiting for an answer to what the Agency "presumably ... considered to be a good 

faith letter, in an attempt to resolve a discovery dispute," and the Agency thus failed to 

act in "good faith." 

(2) The representations in Respondent's Response are misleading because they do not tell the 

whole story. In fact, in response to the Agency's actual (not merely presumed)good faith 

effort to resolve the discovery dispute, through a letter dated and e-mailed on June 30-

2105 (Exhibit A-4 of Agency's Motion to Compel More Specific Responses to Requests 

for Admissions [hereinafter "Agency's Motion to Compel]),counsel for Respondent 

indicated in an email to counsel for the Agency dated Wednesday, July I, 2015 that he 

would get back to him "early next week" and counsel for the Agency agreed to that. See 
Exhibit A-5. Based on this communication, Agency counsel expected to receive a 

response by no later than Tuesday, July 7, 2015, or maybe even Wednesday, July 8, 

2015. 1 But as of July 9, 2015, the Agency still had not received a response from 

Respondent. 

(3) As indicated in the Agency's Motion to Compel, the deadline for responding to discovery 

was June 30,2015, and Respondent's responses were filed on that date .. Under the Order 

Setting Litigation Dates and Procedures dated April17, 2015, motions to compel 

responses to discovery must be filed "within ten ( 1 0) days after service of a deficient 

response or after the response to the discovery is due, whichever occurs first." Thus, the 

deadline for filing a motion to compel was July 10,2015. The Agency filed its Motion to 

Compel in good faith on Thursday, July 9, 2015 as a result of the following 

considerations: (1) Respondent had failed to get back to the Agency during the early 

part of that week as agreed and had still not got back to the Agency; and (b) The 

deadline for filing a motion to compel was coming the next day, and the Agency filed the 

1 Wednesday is not usually considered the "early" part of the week, but Agency counsel was willing to give 

Respondent the benefit of the doubt... 

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motion to compel the day before the deadline to make sure that it not miss the deadline. 

(4) Thus, the Agency in fact acted in good faith and did not file a motion to compel before 

waiting for an answer to its letter seeking a good faith resolution of the discovery dispute. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary 

~~ ~fiTilan 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL:718 553-3258 

FAX: 718 995-5699 

Date: July 24, 20 15 

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EXHIBIT A-5 
Berman, Zachary (FAA) 

From: 

Sent: 

To: 

Subject: 

Ok thanks 

Berman, Zachary (FAA) 

Thursday, July 02, 2015 10:01 AM 

'Edward Longosz' 

RE: Northeastern Aviation Corporation, Docket No. FAA-2014-0812, Case No. 

2011EA110028 

From: Edward Longosz [mailto:ELongosz@eckertseamans.coml 

Sent: Wednesday, July 01, 2015 8:36 PM 

To: Berman, Zachary (FAA) 

Subject: RE: Northeastern Aviation Corporation, Docket No. FAA-2014-0812, Case No. 2011EA110028 

Zack--1 am out for the holiday and will revert back to you early next week. Thank you. Regards, 

Edward J. Longosz, II, Esquire 

ECKERT SEAMANS CHERIN & MELLOTT, LLC 

1717 Pennsylvania Avenue, N.W. • 12'h Floor • Washington, DC 20006 

Direct (202) 659-6619 1 Fax (202) 659-6699 

elongosz@eckertseamans.com 

From: zachary.berman@faa.gov <zacharv.berman@faa.gov> 

Sent: Tuesday, June 30, 2015 4:00 PM 

To: Edward Longosz 

Subject: Northeastern Aviation Corporation, Docket No. FAA-2014-0812, Case No. 2011EA110028 

See attached letter. 

From: AEA7Lexmark@faa.gov [mailto:AEA7Lexmark@faa.gov] 

Sent: Monday, June 29, 2015 4:03 AM 

To: Berman, Zachary (FAA) 

Subject: Your Scanned Document 

This e-mail message and any files transmitted with it are subject to attorney-client privilege and contain 

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1 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing AGENCY'S REPLY TO RESPONDENT'S RESPONSE 

AND OPPOSITION TO AGENCY'S MOTION TO COMPEL MORE SPECIFIC 

RESPONSES TO REQUEST FOR ADMISSIONS have been sent via first class mail and 

facsimile to the following: 

Mr.Edward J. Longosz, II 

Eckert Seamans Cherin & Mellot, LLC 

1717 Pennsylvania Avenue, NW, 12th Floor 

Washington, DC 20006 

FAX 202-659-6699 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

FAX: 202-366-7536 

I hereby certifY that the foregoing AGENCY'S REPLY TO RESPONDENT'S RESPONSE 

AND OPPOSITION TO AGENCY'S MOTION TO COMPEL MORE SPECIFIC 

RESPONSES TO REQUEST FOR ADMISSIONS have been sent via first class mail to the 

following: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Suite 2W1000 

Date: JUL 2 4 2015 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Connsel 

1 Aviation Plaza 

Jamaica, NY 11434 

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