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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

In re the Complaint of 

THE FLIGHT SHOP, INC. D/B/A PROFESSIONAL AIR, 

and AERO FACILITIES, LLC

Complainants,

-againstCITY OF BEND, OREGON MUNICIPAL AIRPORT 

Respondent.

Pursuant to Part 16 of the Federal Aviation Regulations

Docket No.: 16-14-12

MOTION TO SUPPLEMENT THE RECORD

COMES NOW THE COMPLAINANTS, THE FLIGHT SHOP, INC. D/B/A 

PROFESSIONAL AIR, and AERO FACILITIES, LLC and files this Motion to 

Supplement the Record. Pursuant to 14 CFR § 16.19(a), Complainants may file an 

application for an order or ruling not otherwise specifically provided for by the Part 16 

rules of procedure. 

Complainants requests that the FAA accept the attached one page document as an 

Exhibit (Motion Exhibit A) to its Complaint because: (1) this document was unavailable at 

the time the Complaint and Reply were submitted, (2) this document was recently provided 

by Respondent to the Complainants during a deposition during a civil lawsuit between the 

parties, and (3) this document provides critical evidence and absolute proof of 
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Complainant’s contention in its Complaint that the reason Respondent has engaged in a 

series of unjustly discriminatory and improper actions against both Complainants is 

because it realized that a series of transactions Respondent entered into with Aero 

Facilities was in direct conflict with its grant assurances, would force it to repay its grant 

monies, and is illegal (see the attached Motion Exhibit A).

Complainant’s also request that the FAA commence an immediate investigation into 

this admitted illegal conduct as well as the series of actions complained about in this Part 

16 action. 

In support thereof, Complainants state as follows:

1. The Complaint in this proceeding was docketed on or about December 24, 

2014.

2. Respondent served its Answer and a Motion to Dismiss and for Summary 

Judgment on or about February 6, 2015.

3. The Complainant’s Reply and Memorandum in Opposition to Respondent’s 

Motion to Dismiss was docketed on or about March 23, 2015.

4. The Respondent’s SurReply in this proceeding was docketed on or about 

May 7, 2015.

5. Please refer to paragraphs 54-58 on pages 21-24 of the Complaint, and 

paragraph 14-17 on pages 7-9, and pages 18-21 of the Complainants’ Reply which sets 

forth in detail the facts of the Grant Assurance 5 violation.

6. Please refer to paragraph 6 on page 15, paragraph 55 on page 27, and pages 

35-36, 42-43, and 45-46 of Respondent’s Answer where it denies these allegations 
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7. Pursuant to 14 CFR 16.19, the FAA may authorize a party to supplement 

the record where the requisite procedural requirements have been met. JetAway Aviation, 

Inc. v. Montrose County, Colorado, Docket 16-08-01 (Director’s Determination) (July 2, 

2009) at 17; Royal Air, Inc. v. City of Shreveport, Docket 16-02-06 (Director’s 

Determination) (January 9, 2004) at 17.

WHEREFORE, Complainants requests the FAA admit this Motion Exhibit A in

support of its Complaint and Reply in this proceeding and find that Respondent knew that 

the Phase III development contract represented a violation of the grant assurances, leading

to Respondent’s pressuring and taking discriminatory actions against Complainants.

Dated: Jericho, New York

August 13, 2015

Respectfully Submitted,

By: /s/ Leonard D. Kirsch

Leonard D. Kirsch, Esq.

McBreen & Kopko

Attorneys for Complainants

500 North Broadway

Jericho, New York 11753

lkirsch@mklawnyc.com

Tel: (516) 364-1095

Fax: (516) 364-0612
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CERTIFICATION

I hereby certify that on August 13, 2015, I served the foregoing Motion to 

Supplement the Record on the following persons electronically:

Office of the Chief Counsel

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610

Federal Aviation Administration

800 Independence Ave., SW

Washington, DC, 20591

9-AWA-AGC-Part-16@faa.gov

Mr. Pablo Nüesch, Attorney for City of Bend

Spiegel & McDiarmid LLP

1875 Eye Street, NW

Suite 700

Washington, DC 20006

pablo.nuesch@spiegelmcd.com

Mr. Robert Franz, Jr., Attorney for City of Bend

Law Office of Robert E. Franz Jr.

730 B St

Springfield, OR 97477

rfranz@franzlaw.comcastbiz.net

Gary Firestone, City Attorney

City of Bend

City Hall, 710 NW Wall Street

P.O. Box 431

Bend, OR 97709

gfirestone@bendoregon.gov

Dated: August 13, 2015

Jericho, New York

By: /s/ Leonard D. Kirsch

Leonard D. Kirsch, Esq.

McBreen & Kopko

Attorneys for Complainants

500 North Broadway

Jericho, New York 11753

Tel: (516) 364-1095

Fax: (516) 364-0612
MOTION EXHIBIT A