U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

---------4---lR~--~.....ECElVED The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

JAN 1 3 2014 

HEARING DOCKET 

RESPONDENT'S REPLY TO FAA'S RESPONSE IN OPPOSITION TO 

RESPONDENT'S MOTION TO CONTINUE TRIAL 

FAA's rationale for opposing Respondent's Motion To Continue Trial seems to be 

that FAA, not Respondent, shoUld decide who Respondent's representative and 

witnesses· should be based bn ·FANs limited understanding of Mr. Fowler's role in the 

case. 

FAA has a limited understanding of Mr. Fowler's knowledge and experience with 

The Liberty Foundation as its Chief Pilot and Executive Director. Respondent's trial 

position is that of a responder to the testimony and other evidence presented by FAA in 

its direct case. FAA conducted very limited discovery of Mr. Fowler's knowledge of the 

underlying facts and, based on that limited information, asserts it is able to determine 

Mr. Fowler's role is insignificant enough to, in effect, bar him from the proceeding. 

Although Respondent, too, regrets any further delay in the proceedings, the 

reason for the instant Motion results from circumstances completely beyond 

Respondent's control. FAA makes light of Respondent's assertion that serious prejudice 

STUART A GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 670·1222 F: (305) 400-0685 EMAIL: STliARTGOI DSIEINPA@AJTNEI 
will result if Mr. Fowler is unable to participate in the hearing by claiming Respondent 

should have delineated exactly what that serious prejudice will be. FAA in effect asks 

Respondent to prove a negative. That is, to state in advance how Respondent will be 

adversely affected by Mr. Fowler's absence. Trials being what they are, it is unlikely 

Respondent can forecast with any degree of certainty what exact prejudice will result if 

Mr. Fowler is unable to participate. Mr. Fowler's participation in the Foundation from 

day one, his overall executive responsibilities, and his function as Chief Pilot give him a 

better overall understanding of the Foundation and its operations than anyone else. He 

is, therefore, the ideal trial representative to assist counsel. 1 

WHEREFORE, Respondent respectfully requests its Motion To Continue Trial Date 

be granted. 

Respectfully submitted, 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

·' 

By:._.Ai~M4·~~·~0~d~·~~J.=j~f~~j~~~~~~~,~-·~------------ Stuart A. Goldstein 

Attorney for Respondent 

1 FAA notes this is Respondent's third request for a continuance. FAA fails to note that the 

Court found the previous requests meritorious and rejected FAA's objections. 

STUART A. GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 670-1222 F: (305) 400-0685 EMAIL: $TlJARIGOLDSIE\NPA@ATTNEI 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing has been served on this 6th day of 

January, 2014, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

0. Box20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U. S. Mail 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C. 20591 

and that a copy was served upon: 

Honorable J. E. Sullivan 

Office of Hearings, M-20 

S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-31 0) 

Washington, D. C. 20590 

By Facsimile: (202) 366-7536 

and regular U. S. Mail 

; . n • 

i -)} II Ji)cA ') ~ .-~r By: f:;Jg:f(IL tL \4:Mif! !~ 

Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: {305) 670-1222 F: (305) 400-0685 EMAIL: $11 IABTGO! DSJFINPA®ATT NET