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# RECEIVED SEP- 52013 HEARING DOCKET September 4, 2013
VIAUPS NEXT DAY AIR Federal AviationAdministration 600 Independence Avenue, SW Wilbur Wright Building, Suite 2W1000 Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 Re: FDMS No. FAA 2013-0286; 2011EA700202; In the Matter of Radio Holland USA, Inc.; U.S. Department of Transportation, Office of Hearings, Washington, D.C. Dear Sir or Madam: Enclosed please find an original and (1) one copy ofRadio Holland USA, Inc.'s Motion for Reconsideration. I would appreciate you returning a date-stamped copy of the documentto me inthe enclosed self-addressed stamped envelope. Thank you for your assistance in this matter. If you have any questions or concerns, please do nothesitateto contactme.

PAM:ppm Enclosures

GARDERE WYNNE SEWELL LLP Very truly yours,

# ~dAc~ Peter A. McLauchlan

1000 Louisiana, Suite 3400, Houston, Texas 77002-5011 • 713.276.5500 Phone • 713.276.5555 Fax Austin • Dallas • Houston • Mexico City

## us DEPARTMENT oF TRANSPORTATioJi

# ECEIVED FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter ofRadio Holland USA, Inc. FDMS No. FAA 2013-0286 Civil PenaltyAction The Honorable Richard C. Goodwin MOTION FORRECONSIDERATION 

## SEP- 52013 HEARING DOCKET

COMES NOW Radio Holland USA, Inc. ("RH"), Respondent, and moves this Court to reconsider its Order Denying Change ofVenue and Continuing Case, and respectfully requests this Court reinstate the hearing dates ofSeptember 16 and 17, 2013. I. On or May 16, 2013 the Federal Aviation Administration ("FAA") filed its Complaint. On May 30, 2013, this Court entered its Procedural Order, setting the deadline for discovery in this matter to August I, 2013. Instead ofconducting discovery over the course ofthe 65 days betweenreceivingthe Procedural Order andthe discovery deadline, the FAA sat onits hands and filed a Motion to Change Venue after the discovery deadline hadpassed. Notably, the FAA has
never filed a motion requesting for a continuance in this matter. RH has incurred expenses inpreparing this case for trial, and is ready to proceed with the original trial dates, set for September 16 and 17, 2013. Moreover, RH complied with this Court's deadlines and conducted discovery before the deadline. For instance, RH's counsel traveled to Jamaica, New York to take the deposition ofAgent Louis Fernandez. The FAA had ample time to conduct discovery at the same time and at a place convenient to the FAA. For instance, prior to scheduling the deposition ofAgent Fernandez, RH informed the FAA that
IDamon Cole would be present to observe Agent Fernandez's deposition in Jamaica, New York. The FAA chose not to proceed with discovery and schedule Mr. Damon's deposition while he
was in Jamaica, New York. Instead, the FAA waited until August 28, 2013, 19 days before the scheduled trial date, to request subpoenas for trial witnesses. The FAA has had ample time to prepare its case-the incident in question occurred March 4, 2011, over 2 years 6 months ago. 

### RH is entitled to swift justice, and therefore respectfully requests this Court to reconsider its Order granting extended discovery deadlines, andto allowthis case to proceedto trial during its setdates ofSeptember 16 and 17, 2013. PRAYER WHEREFORE PREMISES CONSIDERED, Radio Holland USA, Inc. respectfully requests this Court to reconsider its Order granting extended discovery deadlines and reinstate the hearing dates of September 16 and 17, 2013, and for other reliefat law or equitythatRadio HollandUSA Inc. maybejustlyentitled.
Respectfully submitted,

2 Peter A. McLauchlan Texas BarNo. 13740900 AnacarolinaEstaba Texas BarNo. 24085298 1000 Louisiana Street, Suite 3400 Houston, Texas 77002 Telephone: 713.276.5370 Facsimile: 713.276.6370 Email: Email: pmclauchlan@gardere.com aestaba@gaTdere.com ATTORNEYS FORRESPONDENT, RADIO HOLLAND USA, INC.CERTIFICATE OF SERVICE I, Peter A. McLauchlan, do hereby certify that a true and correct copy ofthe foregoing instrument was served upon the following parties as indicated below on this 4th day of September, 2013, viafacsimile and UPS next day delivery:

VIAUPS NEXT DAYDELIVERY & FACSIMILE Jeanine C. Gotimer Attorney at Law Federal Aviation Administration 1AviationPlaza Jamaica, NY 11434 Fax: 718-995-5699 VIAUPS NEXT DAYDELIVERY & FACSIMILE The Honorable Richard C. Goodwin Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Fax: 202-366-7536 VIAUPS NEXT DAYDELIVERY ONLY Federal Aviation Administration (Original and one copy) 600 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding**~Suite** 2W1000

GardereOl- 6357254v.l Peter A. McLauchlan



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