•APARTMENT OF, 

"-iHSPORTMiON ^ 

. :,aOPERTOS RPrPIUCl 

-Before the U.S. Department of Transportation ^^*-«wC.|VC S 

;C>'1 AH 1 i I <;.• Ut Federal Aviation Administration 

HEARING DOCKE" 

In the matter of 

DocketNo. CPlOSOOOll / 

FAACaseNo. 2009SO950434 I f-fw^ . 

Chief Judge Ronnie A. Yoder [ Qp} h^lTJ \ 

M «& R HELICOPTER 

COMPLAINANT'S RESPONSE TO ORDER OF CHIEF 

ADMINISTRATIVE LAW JUDGE ESTABLISHING PROCEDURES 

Complainant files this response to the Order of Chief Administrative Law Judge 

Establishing Procedures. 

Proposed Procedural Schedule 

Complainant proposes a deadline of February 15, 2010 for filing stipulations, 

exchanging a list of witnesses and a summary of their proposed testimony, exchanging 

exhibits, and discovery, if any. Complainant also requests that the Chief Administrative 

Law Judge also enter a deadline by which all dispositive motions must be filed. 

Respondent has already filed many such motions, to which Complainant has responded. 

Complainant proposes a deadline of January, 28, 2010 for all dispositive motions. 

Settlement 

Complainant has considered settlement and made reasonable efforts to resolve 

this case at the informal stage. The parties engaged in settlement negotiations but were 

unable to reach an agreement. No settlement offers are pending, and Complainant does 

not foresee settlement of this case. 
Hearing Location 

Complainant has proposed Philadelphia, PA, for the hearing location or, in the 

alternative, Washington, DC. Both locations are convenient to Respondent. Philadelphia 

is only about one hour and fifteen minutes by car fi-om Allentown, PA, where Respondent 

is located. That is a reasonable distance for Respondent to travel for the hearing. If the 

hearing is scheduled in Washington, DC, that is approximately four hours by car from 

Respondent's place of business. Complainant's coimsel is located in Washington, DC, 

and the majority of Complainant's witnesses are in Miami, FL. While Respondent has 

filed a motion urging the Chief Administrative Law Judge to conduct this hearing in 

Allentown, PA, that would be a less convenient and more costly location than 

Philadelphia for the Complainant. 

In the interest of conserving government fimds and the mutual convenience of the 

parties. Complainant respectfully requests this hearing be held in Philadelphia, PA, or 

Washington, DC, if that location is not feasible. 

Respectfiilly submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

By: /^CLMAL^^^nTb ^ D 

ra Ponto 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)267-9863 

Facsimile: (202)267-5106 

Date: January 5, 2011 
Certificate of Service 

I hereby certify that on this date I have placed in the U.S. mail, postage prepaid, 

certified return-receipt, a copy of Complainant's Response to the Order of Chief 

Administrative Law Judge Establishing Procedures. In the Matter ofM& R Helicopters, 

Docket No. CPlOSOOOl 10, FAA Case no. 2009SO950434, addressed to: 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Westgate Dr., Suite 205 

Bethlehem, PA 18017 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt and facsimile one copy of the foregoing document to: 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

hi^*-*MNMQM^ 

Dated: January 5, 2011