U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the matter of: ) 

) 

BIRMINGHAM FLIGHT CENTER, INC. ) 

) 

Respondent. ) 

Docket No. FAA-2014-0867 

Judge J.E. Sullivan 

FAA Case No, 2012S0090053 

RESPONDENT'S MOTION FOR PROTECTIVE ORDER AND 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 of the three declarants identified by the 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) On November 24, 201 S, the FAA filed a Request to extend the time for 

the filing of its 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 I 0, 2015, the FAA delivered its response brief to 

Respondent's counsel's office. 

5) The FAA's response brief contains 16 pages of argument and cites to the 

Declarations of three of the FAA's agents in for support and apparent explanation of its 

defenses concerning a majority of the allegations made by the Respondent in its motion 

for sanctions. 
6) The contents of these declarations include assertions that are new to the 

Respondent and have never been part of any pleadings or discovery documents signed by 

the Administrator in this case. 

7) In light of the nature of the content ofthese declarations and out of 

fundamental fairness, it is imperative that Respondent be allowed to depose each of these 

three declarants prior to filing a reply brief and be granted leave to file a reply brief to 

address the assertions made by the FAA in its response brief. 

Wherefore, Respondent respectfully requests that this Court: 

I) Grant Respondent 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 it is 

required to file a reply to the FAA's response for a time period 30 days after the taking of 

the last of the FAA's declarants to allow time 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.com 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date faxed, emailed and/or served by Fed-Ex the 

foregoing RESPONDENT'S MOTION FOR PROTECTIVE ORDER AND REQUEST 

TO DELAY THE FILING OF A REPLY TO THE ADMTNISTRA TOR'S RESPONSE 

RESPONDENT'S MOTION FOR SANCTIONS addressed to: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Service by FAX: 202-366-7536 and FED-EX 

Federal Aviation Administration 

600 Independence Avenue, S. W. 

Wilbur Wright Building 

Suite 2Wl 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk. AGC-430 

Service by FED-EX 

Christopher Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 Southern Region 

1701 Columbia Avenue 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 

800W aukegan Road 

Suite 200 

Glenview, IL 60025 

Tel. (847) 724-5520 

Fax (815) 356-7042 

1 Service via e-mail is proper by agreement of the parties as documented on the parties proposed discovery 

plan dated March 20,2015. 

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