03/10/2011 1B:44 FAX 2024935142 FAA ^ DMS 21004/006 

.-•^v^lSPORTMlON „ 

Before the U.S. Department ol Transportationi v^,', OpEBATlOi^S 

Federal Aviation AdministraHon 

?isii H;^R 10 p u- s o 

In the maltev of 

M & R HELICOPTER 

Docket No. CPIOSOOOU 

TAA Case No. 2009SO950434 

Chief Judge Ronnie A. Yoder 

COMPLAINANT'S RESPONSE TO M & R HELICOPTERS' 

MOTION FOR FRO IKCTIVE ORDER -

CHANGING THE FUNDAMENTAL CAUSE OF ACTION 

Complainant files tliis response to Respondent M & R Helicopters' (Respondent) 

Motion for Protective Order - Changing the Fundamental Cause of Action. Respondent 

purportedly filed the "Molion for a Protective Order to fix and freeze tlic complainants 

[sic] continual moving target of the premise and cause of action for the proposed civil 

penalty a.^ it has become a moving target from the claims set forth in Ms. Williams lOP 9 

record." 

Respondent's arguments do not form the basi.s for a protective order. The 

fiindamental cause of action in this civil penalty matter has never changed. Respondent 

makes a wide range of allegations thai have no basis in fact. Respondent's arguments are 

repetitive and have been addressed by Complainant in prior responses, including 

Complainant's Re.sponsc to Respondent's Motion to Quash. Strike, or i)ismisi> Complaint 

and Respondent's Motion to Strike Allegation - Mr. Baker Was Not on a Drug/Alcohol 

Program, filed on December 10, 2010; Complainant's Response to Respondent M & R 

Helicopter.';' Motion for Judcmeni to Dismiss - Judicial E-Stoppels. Lethal Inconsistency, 

filed on January 14, 2011; Complainant's Re.spousc \o Respondent M & R. Helicopters' 
03/10/2011 1G:44 FAX 2024935142 FAA -> DMS i2|005/00G 

Motion for Judgment to Dismiss • Truths of Admission, filed on January 14, 2011; and 

Complainant's Response To M&R Helicoptei-'s Molion For More Defmite Statement -

Holding Respondent To A Higher Standard Than The FAA Officials. Motion For More 

Definite Statement - Failing To Meet Fihng Deadlines, Motion For More Definite 

Statement- Changing fhe Fundamental Cause Of Action. Motion For More Definite 

Statement- 119.69 Shutdown And Human Factors. Motion for More Definite Statement 

- Tn-sufficicnt Evidence For Mr. Baker, filed on February 3, 2011. 

WFTFR Kl'ORE, Complainant respectfully requests that the Chief Administrative 

Law Judge deny Respondent's Motion for Protective Order - Changing tlie Fundamental 

Cause of Action. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

-Q/MOJ^ 

..aura Ponto 

Atlomey 

Enforcement Division, AGC-300 

Office of the Chief Coiuisel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone. (202) 267-9863 

Facsimile: (202)267-5106 

Date: February 16, 2011 
03/10/201 1 1G:44 FAX 2024935142 FAA * DMS glOOB/006 

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 Re.sponse to Respondent's Motion for 

Protective Order - Changing the Fundamental Cause of Action In the Mailer ofM & R 

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

Dr. Michael B. Selig 

President 

M&R Helicopters, T. LC 

2045 Wesigate Dr., Suite 205 

Bethlehem, PA 18017 

hi addition, I hereby certify that on this date 1 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. Yodcr 

Cliief Administrative Law Judge 

U.S. Department of Transportation 

1200 New JcTKey Avenue, S.E. 

Washington, DC 20590 

Facsimile; 202-,166-7536 

In addition, 1 hereby certify that on this date 1 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: HearincT Docket Clerk, AGC-430 

Dated: February 16, 2011