BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 1 

1 

CSI AVIATION SERVICES, INC. 1 Docket OST-2009-0311 

1 

for an emergency exemption 1 

pursuant to 49 U.S.C. 5 40109 1 

and 14 C.F.R. 5 302.11. 1 

ANSWER OF MIAMI AIR INTERNATIONAL, INC. 

TO MOTION BY CSI AVIATION SERVICES, INC. TO DISMISS 

Communications with respect to this document should be sent to: 

Ross Fischer, CEO James W. Tello 

MIAMI AIR INTERNATIONAL, INC. LAW OFFICES OF JAMES W. TELL0 

P.O. Box 660880 1025 Connecticut Avenue, NW 

Miami, FL 3266-0880 Suite 1000 

rfischer@,miamiair.com Washington, DC 20036 

Phone: 202-399- 1918 

Fax: 202-478-0244 

jamestello@,earthlink.net 

Counsel for 

MIAMI AIR INTERNATIONAL, INC. 

December 3 1,2009 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

CSI AVIATION SERVICES, INC. Docket OST-2009-0311 

for an emergency exemption 

pursuant to 49 U.S.C. 5 40109 

and 14 C.F.R. 5 302.11. 

December 3 1,2009 

ANSWER OF MIAMI AIR INTERNATIONAL, INC. 

TO MOTION BY CSI AVIATION SERVICES, INC. TO DISMISS 

By document dated December 29,2009, CSI Aviation Services, Inc. ("CSI") filed 

a "Motion to Dismiss Unauthorized Filings" in the nature of a motion to strike or in 

opposition to earlier motions for by the National Air Carrier Association ("NACA") and 

Miami Air International, Inc. ("Miami Air") for leave to file an otherwise unauthorized 

document and response to the consolidated reply of CSI. Miami Air hereby answers in 

opposition to CSI's motion on the following grounds: 

1. Among other things, CSI bases its motion upon the assertion that Miami Air's 

motion for an otherwise unauthorized document was filed out of time. As may be noted, 

Miami Air's motion was filed on December 28,2009, pursuant to Rule 6(c) in response 

to the CSI consolidated reply dated December 17,2009, that was posted by the 

Department on December 22,2009. The time for filing such a motion is within seven 
Docket OST20090311 

Page 2 of 3 

days of the document to which it seeks to respond. Rule 6(d). That seven day period is 

defined as follows: 

"When the period of time prescribed is seven (7) days or fewer, intermediate 

Saturdays, Sundays, and holidays shall be excluded in computation, unless 

otherwise specified by the DOT decisionmaker or the administrative law judge 

assigned to the proceeding, as the case may be. 

Rule 8. [Emphasis added.] 

The Department has not shortened any time period in this proceeding. Thus, the 

seventh day following CSI's consolidated reply is December 29,2009, if the time for 

response is computed from December 17,2009. Accordingly, Miami Air's motion for an 

otherwise unauthorized document filed on December 28,2009, was timely filed. 

2. CSI also complains inferentially that Miami Air's motion incorporated the 

document for which leave to file was sought in its motion. However, according to the 

Department's rules, a motion for leave to file an otherwise unauthorized document may 

incorporate the document sought to be allowed. 

Such motions shall contain a concise statement of the matters relied upon as good 

cause and shall be attached to the pleading or other document for which leave to 

file is sought, or the written motion may be incorporated into the otherwise 

unauthorized document for which the admission is sought. 

Rule 6(c)(2). [Emphasis added.] 

Accordingly, the Miami Air motion was properly made and constituted to respond 

to new assertions, argument and citations in CSI consolidated reply. 
Docket OST20090311 

Page 3 of 3 

3. The remainder of CSI's "motion to dismiss" is comprised of repetitive or 

irrelevant matters to which no further response is necessary.' 

WHEREFORE, Miami Air International, Inc. requests that the Department deny CSI's 

motion to dismiss. 

Re& 

James . ello 

LAWOFFICES OF JAMES W. TELLO 

Counsel for 

MIAMI AIR INTERNATIONAL, INC. 

1 We regret that GSA was inadvertently not served with the previous filing by Miami Air. This answer and 

its previous motion are being sewed on the person who served the GSA filing on Miami Air rather than on 

the signatory of the GSA filing, who did not present her e-mail address on that filing. In order to assure 

that every party will have the benefit of all three Miami Air filings (all of which are available in the public 

docket), we are reserving them all with this filing. 
CERTIFICATE OF SERVICE 

I hereby certify that on this 31" day of December 2009, a copy of the foregoing document was 

seryed by e-mail qn the parties named below. 1 

7 es W. Tello 

bavid M. Hernandez, Esq. 

Vedder Price P.C. 

Counsel for CSI Aviation Services, Inc. 

dhernandez@,vedderprice.com 

Aaron A. Goerlich 

Victor H. Smith 

Garofalo Goerlich Hainbach PC 

Counsel for Sundowner Oklahoma City, LLC 

aaoerlich@,aah-airlaw.com 

vsmith@,agh-airlaw.com - - 

John S. Fredericksen 

Vice President-General Counsel 

MN Airlines, LLC 

John. fredericksen@,suncountry .com 

Carl M. Smith, Esq. 

McGovern & Smith, LLC 

Counsel for Omni Air International, Inc. 

Carl.smith@,mcgovernandsmith.com 

Ron Priddy, President 

National Air Carrier Association 

rpriddv@,naca.cc 

Pierre Murphy 

Law Offices of Pierre Murphy 

Counsel for USA 3000 Airlines 

pmurphy@lopmurphy .com 

I This service also includes the previously served (a) Answer of Miami Air International, Inc. to Application of CSI 

Aviation Services, Inc. for an Emergency Exemption, and (b) Motion for Leave to File an Otherwise Unauthorized 

Document and Response of Miami Air International, Inc. to Consolidated Reply of CSI Aviation Services, Inc. 
Scott Bickford, Chairman 

Jonathan Tasler, President 

David McCown, Vice President 

Air Charter Association of North America 

C/O Air Planning LLC 

sbickford@,fl~acana.org 

j tasler@,flvacana.org - . 

dmccown@,flvacana.org 

Mark A. Robinson 

Vice President and General Counsel 

Ryan International Airlines 

MarkRobinson~,rubloffusa.com 

Thomas J. Spulak, Esq. 

King & Spalding LLP 

Counsel for Falcon Air Express, Inc. 

tspulak(iikslaw.com 

Mark W. Atwood 

Sher & Blackwell, LLP 

Counsel for TEM Enterprises d/b/a Xtra Airways 

matwood~,sherblackwell.com 

Robert Binns, Chief Executive Officer 

Global Aviation Holdings 

rbinns@,glah.com 

Gregory P. Cirillo, Esq. 

Wiley Rein LLP 

Counsel for Capital Aviation, Inc. 

gcirillo@,wilevrein.com 

Virginia Gregasch 

General Services Administration 

Virginia.grebasch@gsa.rrov 

National Business Aviation Association 

Mike Nichols, VP Operations, Education, Economics 

National Business Aviation Association 

mnichols@,nbaa.org 

Jonathan Dols, Esq. 

U. S. Department of Transportation 

Jonathan.dols@,dot.gov 
George Wellington 

U.S. Department of Transportation 

George. wellinaton@,dot.gov