GARDERE 

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Direct Dial: 713~276-5730 

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Email: pDJclauchlan@gardere.com 

RECEIVED 

SEP- 5 2013 

HEARING DOCKET 

September 4, 2013 

VIA UPS NEXT DAY AIR 

Federal Aviation Administration 

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 of Radio Holland USA, Inc.'s 

Motion for Reconsideration. I would appreciate you returning a date-stamped copy of 

the document to me in the enclosed self-addressed stamped envelope. 

Thank you for your assistance in this matter. If you have any questions or 

concerns, please do not hesitate to contact me. 

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 E C E IV ED 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Radio Holland USA, Inc. 

FDMS No. FAA 2013-0286 

Civil Penalty Action 

The Honorable Richard C. Goodwin 

MOTION FOR RECONSIDERATION 

SEP- 5 2013 

HEARING DOCKET 

COMES NOW Radio Holland USA, Inc. ("RH"), Respondent, and moves this Court to 

reconsider its Order Denying Change of Venue and Continuing Case, and respectfully requests 

this Court reinstate the hearing dates of September 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 of conducting discovery over the course of the 65 days 

between receiving the Procedural Order and the discovery deadline, the FAA sat on its hands and 

filed a Motion to Change Venue after the discovery deadline had passed. Notably, the FAA has 

never filed a motion requesting for a continuance in this matter. 

RH has incurred expenses in preparing 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 of Agent 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 of Agent Fernandez, RH informed the FAA that 

I 
Damon 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, 

and to allow this case to proceed to trial during its set dates of September 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 relief at law or 

equity that Radio Holland USA Inc. may be justly entitled. 

Respectfully submitted, 

2 

Peter A. McLauchlan 

Texas Bar No. 13740900 

Anacarolina Estaba 

Texas Bar No. 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 FOR RESPONDENT, 

RADIO HOLLAND USA, INC. 
CERTIFICATE OF SERVICE 

I, Peter A. McLauchlan, do hereby certify that a true and correct copy of the foregoing 

instrument was served upon the following parties as indicated below on this 4th day of 

September, 2013, via facsimile and UPS next day delivery: 

VIA UPS NEXT DAY DELIVERY & FACSIMILE 

Jeanine C. Gotimer 

Attorney at Law 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Fax: 718-995-5699 

VIA UPS NEXT DAY DELIVERY & FACSIMILE 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

Fax: 202-366-7536 

VIA UPS NEXT DAY DELIVERY ONLY 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building ~Suite 2W1 000 

GardereOl- 6357254v.l 

Peter A. McLauchlan 

3