U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WAYNE R. MESSINGER, §

§

Complainant

, §

§ DOCKET ID: FAA

- 2015

- 0253

v. § DOCKET NO: 16

- 15

- 01

§

CLOVER ACQUISITION CORPORATION §

d/b/a PEARLAND REGIONAL AIRPORT, §

§

Respondent

. §

AGREED MOTION TO EXTEND RESPONSE DATE

RESPONDENT CLOVER ACQUISITION CORPORATION, d/b/a PEARLAND

REGIONAL AIRPORT (“ Respondent ” or “Pearland”) moves under 14 C.F.R. §16.19(c) to

extend its deadline to respond to Complainant’s Appeal of the Director’s Determination of

Wayne R. Messinger (“Complainant” or “Messinger” ) :

1. The Complainant emailed the Respondent’s Counsel on June 20, 2016 the Appeal

of the Director ’s Determination (the “Appeal”), which he indicated was dated May 26, 2016

.

Pearland is expected to file a response not later than July 11, 2016. See 14 C.F.R. §16.3 3(d ).

2. Counsel for Respondent was on vacation until June 27, 2016, and therefore was

unabl e to review the Appeal until after his return. Moreover, counsel for Respondent has three

depositions scheduled within eight (8) days in Dallas and Orange, Texas, in a case currently set

for trial in September 2016. Preexisting scheduling therefore would make it difficult for

Respondent to file its Response to the Appeal by the July 11 deadline.2

3. Moreover, the Appeal contains numerous allegations not raised in the initial

complaint. Respondent needs time to evaluate the claims in order to provide a comple te

response.

4. Accordingly, Respondent respectfully requests that its deadline to respond to the

Appeal be extended sixty ( 60 ) days, or to Friday, September 9 , 2016 . This extension is not

intended for purposes of delay, but so that justice may be done.

WHE REFORE, PREMISES CONSIDERED, RESPONDENT CLOVER ACQUISITION

CORPORATION, d/b/a PEARLAND REGIONAL AIRPORT hereby request s that the

Administrator extend its deadline to submit a response to Complainant’s Appeal of the Director’s

Determination Answer to Septem ber 9 , 2016

.

Respectfully submitted

,

/s/ James F. Parker

, III

JAMES F. PARKER , III

Texas State Bar No. 24027591

jparker@lglawfirm.ccom

JOSE E. de la FUENTE

Texas State Bar No. 00793605

jdelafuente@lglawfirm.com

SHEILA B. GLADSTONE

Texas State Bar No. 07993550

sgladstone@lglawfirm.com

LLOYD GOSSELINK

ROCHELLE & TOWNSEND, P.C.

816 Congress Ave nue, Suite 1900

Austin, Texas 78701

Telephone: (512) 322

- 5800

Facsimile: (512) 472

- 0532

ATTORNEYS FOR RESPONDENT3 CERTIFICATE OF SERVICE

I hereby certify that on this 6 th day of July , 2016, the foregoing wa s electronically filed

via e

- mail filing at 9

- AWA

- AGC

- Part

- 16@faa.gov and United States Postal Service, First

Class Mail to the following:

Wayne R. Messinger

P O Box 1710

Friendswood, Texas 77549

Gin evan4@gmail.com

/s/ James F. Parker , III

James F. Park er, III

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with Complainant Wayne R. Messinger via email

regarding the substance of the foregoing Motion. Complainant stated that he agreed to the

relief requested in the Motion, and the Motion is submitted according to that agreement.

/s/ James F. Parker

, III

James F. Parker, III