U.S. Department ofTransportation Federal Aviation Administration Office ofthe Chief Counsel

NOTICE OF DOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591

The complaint filed by FOEH, Inc., et al. ("complainants") against East Hampton Airport ("respondent") under 14 CFR Part 16 is docketed as No. 16-15-02.

Therespondentis required to file an answerto the complaint within 20 days ofthe date of service ofthis notice. See 14 CFR §16.23 (d). The answer shall deny or admitthe allegations made inthe complaint and shall assert any affirmative defenses.

In lieu ofan answer, the respondent may file a motion to dismiss or a motion for summary judgment. See 14 CFR § 16.26. The respondent may move to dismiss the entire complaint

or a specific issue. The motionmustbe filed within 20 days after the date ofservice ofthis notice. See 14 CFR § 16.26. The complainants may file an answer to the motion to dismiss within 10 days ofthe date the motion is served. See 14 CFR 

### § 16.26. Ifan FAA order denies all orpart ofthe motion, complainants must answer within 20 days ofservice ofthe order. See 14 CFR § 16.23 (d). IfFAA does not rule onthe motion within 30 days ofthe date that respondents' answer to the motion is due, then respondents shall fill an answer within the next 20 days.

The complainants may file a reply within 10 days ofthe date ofservice ofthe answer. The respondent mayfile a rebuttal within I0 days ofthe date ofservice ofthe complainants' reply. See 14 CFR § 16.23(e) & (f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by supporting documentation upon which the parties rely. The
answer, reply, and rebuttal shall each contain a concise but complete statement ofthe facts relied uponto substantiate the answers, admissions, denials, or averments made. See 14 CFR § 16.23 (g) & (i). Amendments or supplements to the pleadings will not be allowed without showing good cause through a motion and supporting documents. See 14 CFR § 16.23 (j).

All documents filed with the FAA inthis proceeding shall be served (and include a certificate ofservice) bythe persons filing them on all parties to the proceeding, and with the Office of the ChiefCounsel as follows: FAAPart 16 Docket Clerk,**AGC~600,** Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. See 14 CFR §§ 16.13 and 16.15. Withthe exception ofelectronic filing orunless otherwise specified, an executed original and three copies ofeach document shall be filed withthe Part 16 Docket Clerk. One ofthe three copies shall not be stapled, bound orhole-punched. See 14 CFR § 16.13( c).

Pursuant to 14 CFR § 16.13(h), electronic filing ofPart 16 documents is permitted under the following guidelines:• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). The subject line ofthe e-mail must containthe names ofthe complainant and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10MB.

• E-mail filings shall be sent to the FAA Docket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only ifthe opposing party has agreed with the complainant in writing to participate in electronic filing; otherwise service must be made pursuant to 14 CFR §16.15.) The FAA will not provide any acknowledgement or receipt to parties filing electronically.

• A party filing electronically must provide the FAA Docket Clerk andthe opposing party an e-mail address designating its representative to receive electronic pleadings and documents by e-mail.

• A party availing itselfofelectronic tiling as described in this document and 14 CFR § 16.13 (h) waives its rights under Part 16 to service by any other means from the opposing party or FAA.

• A partyfiling electronically will include with its pleadings a certificate ofservice stating the method as electronic by or via e-mail. In regard to computation of time, the date ofthe e-mail is not included in the computation oftime under this part. See 14 CFR § 16.17 (a). Parties will start the count as ofthe day following the date the e-mail was sent. 1

The Department ofTransportation (DOT) uses the government-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffiling paper documents ith theFAA, please ensure that atleast one ofthe required copies is 

### unbound d 

### without tabs. Exhibitnumbers in unbound copies should be noted on the first pa e f each exhibit or in divid ges. The FAA will forward all electronic subm· si ns (like the paper sub · swns) to FDMS for public viewing.

Sco Attorney, Airport Law Branch Office ofthe ChiefCounsel Scott.E.Mitchell@faa.gov 202 267 9676

1Please note- this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 16.13 (a), (b), and (c). Ifa party subsequently decides to "opt-out" ofelectronic filing, it must notifY tbe FAA Docket Clerk and opposingparty in writing. See 14 CFR § 16.13 (h)(4). The electronic filing method maybe used in lieu ofor in addition to the existing requirements set forth in Part 16.CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February

# _d)__, 2015, I caused to be placed inthe United States Mail (first class mail, postage paid) or personally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:

Counsel for Complainant

Leonard Kirsch McBreen & Kopko 500 North Broadway Jericho, NY 11753

Counsel for Respondents

Elizabeth Vail Town ofEast Hampton !59 Pantigo RoadNewTownHall Complex East Hampton, NY 11937

Peter Kirsch Kaplan Kirsch I 00I ConnecticutAvNW #800 Washington, DC 20036

Hand-Delivered to: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis, ACO-l00

aronLong Airports & Enviromnental L FAA Office ofthe ChiefC Division sel