### U.S. DEPARTMENT OFTRANSPORTATION Office of Hearings Washington, D. C.

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

### FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge 

## JAN 132014 

## HEARING DOCKET

RESPONDENT'S REPLYTO FAA'S RESPONSE IN OPPOSITION TO RESPONDENT'S MOTIONTO 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 insignificantenough to, in effect, bar himfrom 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. FAAmakes lightof Respondent's assertion that serious prejudice

STUARTA GOLDSTEIN, P. A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670·1222 F: (305) 400-0685 EMAIL: STliARTGOI DSIEINPA@AJTNEIwill 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 ContinueTrial 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~~~~~~~,~-·~------------** StuartA. Goldstein Attorney for Respondent

1 FAAnotesthis is Respondent's third request for acontinuance. FAAfails to note thatthe Courtfound the previous requests meritorious and rejected FAA's objections.

STUARTA. GOLDSTEIN, P.A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL:$TlJARIGOLDSIE\NPA@ATTNEICERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this 6th day of January, 2014, as setforth below: Christopher R. Stevenson, Esq. Office of the Regional Counsel FederalAviationAdministration 

### 0. Box20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail and that an original and one copywas served upon: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite 2W1000 FederalAviationAdministration 800 IndependenceAvenue, S. 

### W. Washington, D. C. 20591 and that a copywas served upon: Honorable J. 

### E. Sullivan Office of Hearings, M-20 S. Department of Transportation 1200 NewJerseyAvenue, S. 

### E. (E11-310) Washington, D. C. 20590 By Facsimile: (202) 366-7536 and regular U. S. Mail

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### II 

## Ji)cA')**~ .-~r**  By: 

## f:;Jg:f(IL tL 

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### !~ StuartA. Goldstein

STUARTA. GOLDSTEIN, P. A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: {305) 670-1222 F: (305) 400-0685 EMAIL: $11 IABTGO! DSJFINPA®ATTNET