# RECEIVED JUL 29 2015 U.S. DEPARTMENTOF 1RANSPORTATION OFFICE OF HEARINGS 

## HEARING DOCKET

WASHINGTON, D.C.
Inthe Matter ofNortheasternAviation Corp., Respondent DocketNos. FAA-2014-0812 CaseNo. 2012EA11028 Administrative LawJudge J.E. Sullivan AGENCY'S REPLYTORESPONDENT'S RESPONSE AND OPPOSITIONTO AGENCY'S MOTIONTO COMPELMORE SPECIFICRESPONSES TOREQUEST FORADMISSIONS

The Complainant, the Agency, andreplies to Respondent's Response and Oppositionto 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 ofAgency's Motionto Compel More Specific Responses to Requests for Admissions [hereinafter "Agency'sMotion to Compel]),counsel for Respondent indicated in an email to counsel for the Agency dated Wednesday, July I, 2015 that he would get backto him "early next week" and counsel for the Agency agreed to that. SeeExhibit A-5. Based onthis communication, Agency counsel expected to receive a response by no laterthan Tuesday, July 7, 2015, ormaybe even Wednesday, July 8, 2015. 1 But as ofJuly 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 onthat date
.. Under the Order Setting Litigation Dates and Procedures dated April17, 2015, motions to compel responses to discovery mustbe filed "withinten (1 0) days after service ofa deficient response or after the response to the discovery is due, whichever occurs first." Thus, the deadline for filing a motion to compel wasJuly 10,2015. The Agency filed its Motion to Compel in good faith onThursday, July 9, 2015 as a result ofthe following considerations: (1) Respondent had failed to get backto the Agency during the early part ofthat week as agreed and had still not got backto the Agency; and (b) The deadline for filing a motion to compel was coming the next day, and the Agency filed the

1Wednesday is not usually considered the "early" part ofthe week, but Agency counsel was willing to give Respondent the benefit ofthe doubt... 2motionto compel the daybefore 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 answerto its letter seeking a good faith resolution ofthe discovery dispute.

Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel

By:



# ~~ Zachary



### ~fiTilan Attorney Federal Aviation Administration 1AviationPlaza Jamaica, NY 11434 TEL:718 553-3258 

### FAX: 718 995-5699 Date: July 24, 2015

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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 subjectto attorney-client privilege and contain confidential information intended only for the person(s) to whomthis email message is addressed. Ifyou have received this e-mail message inerror, please notify the senderimmediately bytelephone or e-mail and destroy the original message without making a copy. Thank you. Neitherthis information block, the typed name ofthe sender, nor anything else in this message is intendedto constitute an electronic signature unless a specific statementto the contrary is included in this message.

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### CERTIFICATE OF SERVICE
I hereby certifY thatthe foregoing AGENCY'SREPLY TO RESPONDENT'S RESPONSE AND OPPOSITION TO AGENCY'S MOTION TO COMPEL MORE SPECIFIC RESPONSES TO REQUESTFORADMISSIONS have been sent viafirst class mail and facsimile to the following: Mr.Edward J. Longosz, II Eckert Seamans Cherin & 

### Mellot, LLC 1717 PennsylvaniaAvenue, NW, 12th

### Floor Washington, DC 20006 FAX 202-659-6699 Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 FAX: 202-366-7536 I hereby certifY thatthe foregoing AGENCY'S REPLY TO RESPONDENT'S RESPONSE AND OPPOSITION TO AGENCY'S MOTION TO COMPEL MORE SPECIFIC RESPONSES TO REQUEST FORADMISSIONS have been sent viafirst class mail to the following:

Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Suite 2W1000
Date: 

### JUL 24 

### 2015 Paralegal Specialist Federal AviationAdministration Office ofRegional Connsel 1AviationPlaza Jamaica, NY 11434
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