### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC In 

### the matter of: ) ) 

### BIRMINGHAM FLIGHT CENTER, INC. ) ) 

### Respondent. ) DocketNo. FAA-2014-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053

RESPONDENT'S MOTION FORPROTECTIVE ORDERAND REQUEST TO DELAY THE FILING OF A REPLY TO THE ADMINISTRATOR'S RESPONSE RESPONDENT'S MOTION FOR SANCTIONS 

### Now Comes the Respondent, Birmingham Flight Center, by its attorneys, Barnett & 

### Borth, LLC. and moves this Court for an Order allowing Respondent's counsel to conduct depositions ofthe three declarants identified bythe Administrator in his Response to Respondent's Motion for Sanctions and in support states as follows: 1) On November 17, 2015, the Respondent filed its Motion for Sanctions. 2) OnNovember 24, 201 S, the FAA filed a Request to extend the time for the filing ofits response brief. 3) On November 25,2015, this Court granted the FAA's motion and provided it until December 15, 2015 to file its response brief. 4) On or about December I0, 2015, the FAA delivered its response briefto Respondent's counsel's office. 5) The FAA'sresponse briefcontains 16 pages ofargument and cites to the Declarations ofthree ofthe FAA's agents in for support and apparent explanation ofits defenses concerning a majority ofthe allegations made by the Respondent in its motion for sanctions.6) The contents ofthese declarations include assertions that are newto the Respondent and have neverbeenpart ofany pleadings or discovery documents signed by the Administrator inthis case. 7) In light ofthe nature ofthe content ofthese declarations and out of fundamental fairness, it is imperative that Respondent be allowed to depose each ofthese three declarants priorto filing a reply briefand be granted leave to file a reply briefto address the assertions made by the FAA in its response brief. Wherefore, Respondent respectfully requests thatthis Court: I) GrantRespondent leave to depose the FAA's three declarants at a time and place convenient for the parties. 2) Grant Respondent a protective Order extending the date on which itis requiredto file a replyto the FAA's response for a time period 30 days after the taking of the last ofthe FAA's declarants to allowtime to secure the depositions transcripts and draft an appropriate rely brief. Respectfully submitted, BARNETT & BORTH, LLC

Paul R. Borth Counsel for Respondent, Birmingham Flight Center, Inc. Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.comCERTIFICATE OF SERVICE I hereby certifythat I have this date faxed, emailed and/or served by Fed-Ex the foregoing RESPONDENT'S MOTION FOR PROTECTIVE ORDERAND REQUEST TO DELAY THE FILING OF A REPLY TO THE ADMTNISTRATOR'S RESPONSE RESPONDENT'S MOTION FOR SANCTIONS addressed to: Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Service byFAX: 202-366-7536 and FED-EX Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building Suite 2Wl000 Washington, DC 20591 Attention: HearingDocket Clerk. AGC-430 Service by FED-EX Christopher Stevenson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Service via e-mai11 : and FAX Dated: December 16,2015

Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042

1 Service via e-mail is proper by agreement ofthe parties as documented onthe parties proposed discovery plan dated March 20,2015. 31Pageprb@barnettlegal.com



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