In the Matter of U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASlllNGTON,DC 

# RECEIVED APR 10 2014 

# HEARING DOCKET

HOTTONENTERPRISES, INC., FAADocket No. [To be Assigned] DMSNo.: FAA 2013-1081 Respondent FAARegion: Western Pacific Jndge: Richard C. Goodwin

COMPLAINANT'S MOTIONFOREXTENSION OF THE DISCOVERY DEADLINE AND POSTPONEMENT OF THEHEARING
To: Administrative Law Judge Richard C. Goodwin and Respondent: The Federal Aviation Administration ("Agency") hy andthrough counsel, pursuant to 14 CFR §13.218, hereby moves for an extension ofthe deadline for discovery and a postponement ofthe hearing in this case.

I. FACTS AND PROCEDURALHISTORY This case involves a variety ofregulatory violations committedby Respondent, who, at the time, operated a repair station certificatedunder 14 CFRpart 145. The Agency served the complaint on Respondent via certifiedmail on February 19, 2014, and it was successfully delivered onFebruary 21,2014. Judge Goodwin's Procedural Order, dated February 26, 2014, ordered the parties to conclude all discovery on orbefore May 2, 2014. Respondent has not filed an Answer. On February 19,2014, the Agency filed a Motion to Deem Allegations Admitted, based on Respondent's failure to file an Answer. On April1, 2014, Judge Goodwin issued an Order to Show Cause, requiring Respondent, by May 2, 2014, to;file a response stating whythe reliefrequested by the Agency's Motion should not be granted, answer the Complaint, and fully comply with the Procedural Order.

II. ARGUMENT: THE DEADLINE FORDISCOVERY SHOULD BE EXTENDED THE HEARING SHOULD BE POSTPONED The deadline for discovery should be extended since Respondent's failure to file
an Answerhas hampered the Agency's ability to file complete discovery requests. Pursuantto 14 CFR §13.220(d), a party has 30 days to respond to discovery requests, unless otherwise agreed by the parties. Respondent has no incentive to agree to a shorter time to respond to discovery requests, and given their failure to file an Answer, the Agency does not have faith thatRespondent would honor any such agreement. Thus, the Agency was required to file discovery requests by April2, 2014, to meet the discovery deadline. On April 2, 20 14, the Agency filed limited Interrogatories and Requests for Production ofDocuments to ensure Respondent is required to providebasic information about their witnesses and evidence bythe discovery deadline ofMay 2, 2014. The Agency would like to file more specific Interrogatories, Requests for Production, and Requests for Admissions based on Respondent's Answer ifandwhen Respondent files the same. Unless the discovery deadline ofMay 2, 2014, is extended, the Agency will be precluded from filing more specific discovery requests. These more specific discovery requests supportjudicial economy by narrowing the scope ofdisputed issues. These requests also allow the Agency to fully explore the bases ofRespondent's denials, ifany, ofthe Complaint and affirmative defenses. Ifthe Agency is not permitted additional time to conduct full discovery in this case, it will be hampered in its ability to prepare for the hearing in this case. The Agency requests that the Judge extend the discovery deadline to
2June 161 h to allow for a sufficient amount oftime priorto thehearing for the Agencyto file specific discovery requests based on Respondent's Answer and toresolve any discovery disputes that arise from those requests. Thehearing in this case shouldbe postponed to allow for an extension ofthe discovery deadline and to allow for the possibility ofpre-hearing motions that may become feasible as a result ofdiscovery. Pursuant to 14 CFR § 13.218(c), motions must be made 30 days prior to thehearing. With the hearing as currently scheduled, prehearing motions must be filed by April28, 2014. As explained above, the Agency cannot file detailed discovery until Respondent files an Answer. The hearing as currently scheduled precludesthe possibility offiling dispositive pre-hearingmotions thatmay become feasible as a result ofdiscovery, such as a motion for summaryjudgment or partial motion for summaryjudgment.

3III. CONCLUSION The Agency respectfully requests that the Judge extendthe discovery deadline in this caseto June 16,2014, and schedule the hearing in this case to begin on or after July 28,2014, to allow a sufficient amount oftime for pre-hearingmotions. Pleasenotethat the Agency's counsel in this case, AdamRunkel, is unavailable for a hearing August 19 through August 28, 2014. Respectfully submitted, NAOMI TSUDA Regional Counsel

By:

# ~C«2J/ Adam Runkel Attorney FederalAviation Administration Officeofthe Regional Counsel Western-Pacific Region

4CERTIFICATE OF SERVICE
I hereby certifY that on this date I have sent by facsimile where indicated and placed in the United States mail, postage prepaid, certified mail- return receipt requested Complainant's Motion for Extension ofthe Discovery Deadline and Postponement ofthe Hearing, addressed as follows: ORIGINAL AND ONE COPY

ONE COPY

Dated: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2WIOOO

Hon. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (Ell-310) Washington, D.C. 20590 Attn: PatriciaMatthews Fax: 202-366-7536 Hotton Enterprises, Inc., d/b/a Premier Aviation AshokVij, CEO/President 1951 East Airport Drive Tucson, AZ 85756

### JeffK~mbdi,t;{aiTechnician Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Lawndale, California 5