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### U.S.DEPARTMENTOFTRANSPORTATIONRECEIVEO FEDERAL AVIATION ADMINISTRATION 

## JUN-**~** 

### -2012 ) ) ) ) 

# HEARING 

# DOCKET Inthe matter of: BADGER HELICOPTERS, INC. FAA Docket No. CP-2012-0201 Case No. 2011AL910019 Judge Richard C. Goodwin
COMPLAINTANT'S MOTION TO EXTEND DISCOVERYDEADLINE Pursuantto Section 13.218(a) ofthe Rules ofPractice in FAA Civil Penalty Actions, ..;:::: (f) 14 C.P.R.§ 13.208(a), the Complainanthereby files this motionto extend the discovery deadline in the above-captioned matter, and in support ofthis motion states as follows: 1. OnJune 1, 2012, U.S. Administrative LawJudge Richard C. Goodwin issued 

### ari Order (hereinafter "ALJ's Order") denying Complainant's May 9, 2012 motion to deem the allegations inthe complaint admitted and accepting Respondent's May 31, 2012 answer to the complaint. In so ruling, the ALJ noted that Respondent's May 31, 2012 answer was accompanied by a letter from its President (who is also its representative in this matter) stating that Respondent had misunderstood the requirement to file an answer, which the ALJ found adequately explained Respondent's failure to timely answer the complaint inthis matter. 1 ALJ Order at 1. TheALJthus accepted Respondent's answer, denied Complainant's motion, and informed the parties that "[t]he matter will proceed." ALJ Order at 2. 2. Discovery in this matter was scheduled to close in the ordinary course ofthis proceeding onJune 1, 2012. See ALJ's Procedural Order dated April12, 2012. However, Respondent's answer to the complaint, which is essential to ascertaining what is in dispute in this matter and was originally due on April19, 2012, was not submitted by Respondent until May 31,

1Undersigned counsel for Complainant was not served with a copy ofRespondent's letter ofexplanationreferenced intheALI's Order.2012 and not accepted for filing until June 1, 2012 (the same date the ALJ's Procedural Order provides as the discovery deadline in this case). 3. Given the circumstances as described above, Complainantrequests that the June 1, 2012 discovery deadline set forth in the ALJ's Procedural Orderbe extended until July 13, 2012, in order to allowthe parties a reasonable opportunity for discovery in this matter. WHEREFORE, the Complainantrespectfully requests that the June 1, 2012 discovery deadline be extended until July 13, 2012.

Dated: June 2, 2012 Respectfully submitted, Peter J. Lynch Assistant ChiefCounsel Enforcement Division, AGC-300

# ~1f~ffL6 Senior Attorney Enforcement Division, AGC-300 Federal Aviation Administration Office ofthe ChiefCounsel 800 Independence Ave., S.W. Washington, D.C. 20591 Telephone: (202) 267-7268 Facsimile: (202) 267-5106

2'i
CERTIFICATE OF SERVICE I hereby certify that onthis date, I have sent by U.S. certified mail, a copy ofthe foregoing Motion to Extend Discovery Deadline in the matter ofBadgerHelicopters, Inc., FAADocketNo. CP-2012-0201, Case No. 2011AL910019, to: Michael Jacob, President Badger Helicopters, Inc., Respondent 24564 Hwy 16/385 Custer, SD 57730 AND The Honorable Richard C. Goodwin,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Ave., S.E., RoomEll-310 Washington, DC 20590 In addition, I hereby certify that onthis date, I have sent by U.S. certified mail the original and one copy ofthe foregoing document to: Hearing Docket Federal Aviation Administration Orville Wright Building 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

- Suite 2W1000

Date: June 2, 2012



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