U.S. Department 

ofT ransportation 

Federal Aviation 

Administration 

Office of the 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. 

The respondent is required to file an answer to the complaint within 20 days of the date of 

service of this notice. See 14 CFR §16.23 (d). The answer shall deny or admit the allegations 

made in the complaint and shall assert any affirmative defenses. 

In lieu of an 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 motion must be filed within 20 days after the date of service of this 

notice. See 14 CFR § 16.26. The complainants may file an answer to the motion to dismiss 

within 10 days of the date the motion is served. See 14 CFR § 16.26. If an FAA order 

denies all or part of the motion, complainants must answer within 20 days of service of the 

order. See 14 CFR § 16.23 (d). If FAA does not rule on the motion within 30 days of the 

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 of the date of service of the answer. The 

respondent may file a rebuttal within I 0 days of the date of service of the 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 of the facts 

relied upon to 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 in this proceeding shall be served (and include a certificate 

of service) by the persons filing them on all parties to the proceeding, and with the Office of 

the Chief Counsel as follows: FAA Part 16 Docket Clerk, AGC~600, Federal Aviation 

Administration, 800 Independence Avenue SW., Washington, DC 20591. See 14 CFR 

§§ 16.13 and 16.15. With the exception of electronic filing or unless otherwise specified, an 

executed original and three copies of each document shall be filed with the Part 16 Docket 

Clerk. One of the three copies shall not be stapled, bound or hole-punched. See 14 CFR § 

16.13( c). 

Pursuant to 14 CFR § 16.13(h), electronic filing of Part 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 of the e-mail must 

contain the names of the complainant and respondent, as well as the FAA docket 

number, if assigned. The size of the 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 if the 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 and the 

opposing party an e-mail address designating its representative to receive 

electronic pleadings and documents by e-mail. 

• A party availing itself of electronic 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 party filing electronically will include with its pleadings a certificate of service 

stating the method as electronic by or via e-mail. In regard to computation of 

time, the date of the e-mail is not included in the computation of time under this 

part. See 14 CFR § 16.17 (a). Parties will start the count as of the day following 

the date the e-mail was sent. 1 

The Department of Transportation (DOT) uses the government-wide Federal Docket 

Management System (FDMS) at http://www.regulations.gov. Accordingly, if filing paper 

documents ith the FAA, please ensure that at least one of the required copies is 

unbound d without tabs. Exhibit numbers 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 of the Chief Counsel 

Scott.E.Mitchell@faa.gov 

202 267 9676 

1 Please note- this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 

16.13 (a), (b), and (c). If a party subsequently decides to "opt-out" of electronic filing, it must notifY 

tbe FAA Docket Clerk and opposing party in writing. See 14 CFR § 16.13 (h)(4). The electronic 

filing method may be used in lieu of or 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 in the United 

States Mail (first class mail, postage paid) or personally delivered a true copy of the 

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 of East Hampton 

!59 Pantigo Road New Town Hall Complex 

East Hampton, NY 1193 7 

Peter Kirsch 

Kaplan Kirsch 

I 00 I Connecticut Av NW #800 

Washington, DC 20036 

Hand-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

FAA Office of Airport Compliance and Management Analysis, A CO-l 00 

aronLong 

Airports & Enviromnental L 

FAA Office of the Chief C 

Division 

sel