UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. 

## RECEIVED JUN 242015 National Business Aviation Association, Inc., 

### et a!. PART 16 DOCKETS Complainants, FAA DocketNo. 16-15-08 v. Town ofEast Hampton, NY Respondent.

RESPONDENT TOWN OF EAST HAMPTON,NEW YORK'S MOTION TO SUSPEND FILING AN ANSWERTO THE COMPLAINT UNTIL THE FAA RULES ONRESPONDENT'S MOTION TO DISMISS THE COMPLAINT Designation ofpersons to receive service for the Town ofEast Hampton,New York:

Elizabeth Vail TownAttorney Town ofEast Hampton 159 Pantigo Road East Hampton, NY 11937 EVail@EHamptonNY.Gov W. Eric Pilsk Catherine van Heuven Kaplan Kirsch & Rockwell LLP 1001 Connecticut Ave., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com cvanheuven@kaplankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616The Town ofEast Hampton, NewYork (the "Town"), hereby moves to suspend the deadline for filing an Answer to the Complaintuntil20 days after the FAArules on the Town's Motion to Dismiss the Complaint filed today. In support ofits Motion, the Town states as follows: On May 20,2015, Complainants filed a Part 16 Complaint againstthe Town, the operator ofEast Hampton Airport ("HTO") alleging violations ofAssurances 23 and 25. The Director docketed the Complaint onJune 8, 2015. OnJune 24, 2015, the Town filed a Motion to Dismiss the Complaint. Pursuant to 14 C.F.R. § 16.26(b)(5), ifthe FAA does not rule on the Motion to Dismiss within 30 days after Complainants' Answerto the Motion is due, the Town would have to file its Answer to the Complaint within the next 20 days. Because the Motion seeks dismissal ofthe entire Complaint, it would be wasteful and unduly burdensome to require the Town to prepare its Answerto the Complaint while the Motion to Dismiss is pending. Such an extension would not prejudice Complainants and would not impairthe FAA's abilityto address the merits ofthe case if warranted. Conversely, granting this motion would prevent the FAA from having to receive substantive filings that may be rendered moot, in whole orin part, by its decision on the Motion to Dismiss. Accordingly, the Town respectfully requests that the FAA suspend the Town's obligation to file its Answer to the Complaint until 20 days afterthe FAA rules on the Motionto Dismiss. Respectfully submitted this 24th day ofJune, 2015.

2Elizabeth Vail Town Attorney Town ofEast Hampton 159 Pantigo Road EastHampton, NY 11937 EVail@EHamptonNY.Gov W. Eric Pilsk Catherine van Heuven Kaplan Kirsch & Rockwell 

### LLP 1001 ConnecticutAve., NW, Suite 800 Washington, DC 20036 epilsk@kaplankirsch.com cvanheuven@kap1ankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616

3CERTIFICATE OF SERVICE I hereby certify that Ihave this 24th day ofJune, 2015, served the foregoing Respondent Town ofEast Hampton, New York's Motion to Suspend Filing on Answer to the Complaint Until the FAA Decides Respondent's Motion to Dismiss the Complaint on the following parties by hand delivery at the following addresses: Office ofthe ChiefCounsel Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, D.C. 20591

Steve Brown ChiefOperating Officer National Business Aviation Association, Inc. 1200 G Street, NW Suite 1100 Washington, D.C. 20005

Datedthis 24th day ofJune, 2015. W. Eric Pilsk

4