' T O STATES DEPARTMENT OF TRANSPORTA' 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

AERO WAYS, INC., 

Complainant, 

V. 

DELAWARE RIVER & BAY AUTHORITY, 

Respondent. 

FAA Docket No. 16-09-12 

RESPONDENT DELAWARE RIVER & BAY AUTHORITY'S 

UNOPPOSED MOTION FOR EXTENSION OF TIME 

TO RESPOND TO THE COMPLAINT 

Designation of persons to receive service for the Delaware River & Bay Authority: 

R. Judson Scaggs, Jr. 

Leslie A. Polizoti 

Pauletta J. Brown 

MORRIS, NICHOLS, ARSHT & TUNNELL LLP 

1201 N. Market Street 

P.O. Box 1347 

Wilmington, Delaware 19899-1347 

rscaggs@mnat.com 

lpolizoti@mnat.com 

pbrown@mnat.com 

Telephone: (302) 658-9200 
1. Respondent Delaware River & Bay Authority (the "DRBA") moves, 

pursuant to 14 C.F.R. § 16.11, for an extension of time to respond to the Complaint in the abovecaptioned matter. This request for extension is unopposed by the Complainant, Aero Ways, Inc. 

2. On October 27, 2009, counsel for the DRBA received the Notice of 

Docketing from the FAA, accompanied by a certificate of service dated October 22, 2009. 

3. By rule, the DRBA's response to the Complaint is due on November 16, 

2009, twenty (20) days from October 22, 2009, plus three (3) days for service by mail, with a 

carryover to the next business day. The DRBA respectfully requests an extension of the deadline 

for filing its response to the Complaint of sixty (60) days, until January 13, 2010. (This counts 

60 days from November 14, 2009, the 23rd day after October 22. Although November 14 falls 

on a weekend, 60 days from that date would fall on a weekday, January 13.) 

4. On October 27, 2009, Counsel for Respondent, Don N. Isken and Leslie 

A. Polizoti, contacted Counsel for Complainant, Joseph Lamonaca, to request Complainant's 

consent to this motion. Counsel for Complainant indicated that Complainant has no objection to 

an extension of 60 days. 

5. An extension is necessary and appropriate for a fair and complete hearing 

of matters before the FAA. A review of the Complaint and exhibits demonstrates that it will take 

a substantial amount of time to analyze and respond to the Complaint. Consequently, responding 

to the Complaint will take longer than the remaining days permitted by rule. Additional time is 

also appropriate given the holiday season in November and December, during which availability 

of counsel and the DRBA will be limited. 

6. FAA has granted similar motions in other Part 16 cases. See, e.g., Lo-Yun 

Sun V. Port of Seattle, FAA Docket No. 16-06-13 and J&B Enterprises, Inc. d/b/a Rhythm Shine 
V. Metropolitan Nashville Airport Authority, FAA Docket No. 16-18-07 (both granting 

Respondent's request for 60 day extension of time to respond to the Complaint). 

7. The DRBA therefore respectfiilly requests that the FAA extend its time to 

file a response to the Complaint until Wednesday, January 13, 2010. 

MORRIS, NICHOLS, ARSHT & TUNNELL LLP 

R. Judson Scaggs, Jr.^ 

Leslie A. Polizoti 

Pauletta J. Brown 

1201 N. Market Street 

P.O. Box 1347 

Wilmington, Delaware 19899-1347 

Telephone: (302) 658-9200 

Attorneys for Respondent Delaware River & Bay 

Authority 

October 30, 2009 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on the 30th day of October, 2009, she 

caused to be served the RESPONDENT DELAWARE RIVER & BAY AUTHORITY'S 

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO THE 

COMPLAINT on the following in the manner indicated: 

BY FEDERAL EXPRESS 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 

Room 925 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Original and three copies 

Elizabeth Newman 

Airports Law Branch, AGC-610 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W., RM 923 

Washington, DC 20591 

One copy 

BY EMAIL AND FIRST CLASS MAIL 

Joseph Michael Lamonaca, Esq. 

Attorney for Aero Ways, Inc. 

New Castle County Airport 

P.O. Box 10583 

Wilmington, DE 19850-0583 

Email: avlaw@prodigy.net 

One copy