UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

CHANDLER AIR SERVICE 

 Complainant, 

v. 

CITY OF CHANDLER, ARIZONA 

 Respondent. 

FAA Docket No. 16-13-05 

RESPONDENT CITY OF CHANDLER, ARIZONA’S MOTION TO APPROVE 

STIPULATED SCHEDULE FOR THE PARTIES TO FILE THE ANSWER, REPLY, 

AND REBUTTAL 

Designation of persons to receive service for the City Of Chandler, Arizona: 

Kay Bigelow, Acting City Attorney 

Chandler City Attorney's Office 

P.O. Box 4008, 

Chandler, AZ 85244-4008 

Kay.Bigelow@chandleraz.gov 

Telephone: 480-782-4645 

Facsimile: 480-782-4652 

W. Eric Pilsk 

Daniel S. Reimer 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, D.C. 20036 

epilsk@kaplankirsch.com 

dreimer@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 

 
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1. Respondent City of Chandler, Arizona (the “City”) moves, pursuant to 14 C.F.R. 

§ 16.11, for approval of a stipulated schedule for the parties to file the Answer, Reply and 

Rebuttal in the above-captioned matter. Chandler Air Service (“Complainant”) filed its 

Complaint by letter dated July 2, 2013. The FAA issued a Notice of Docketing of the 

Complaint, accompanied by a certificate of service dated August 6, 2013, showing service by 

mail. The City actually received the Notice of Docketing by mail on August 9, 2013 (outside 

counsel received the Notice on August 12, 2013). 

2. Pursuant to 14 C.F.R. § 16.17(c) and § 16.23(d), the City’s Answer is due on 

August 29, 2013 (twenty (20) days from August 6, 2013, plus three (3) days for service by mail). 

The City requests an extension of the deadline for filing its Answer until September 30, 2013 (a 

32-day extension). The City contacted Complainant’s counsel via telephone on August 12, 2014, 

and informed him of the City’s intent to move for an extension of time until September 30 to file 

the City’s Answer. The parties discussed the overall briefing schedule and agreed to the 

following schedule: 

• The City’s Answer due on September 30, 2013. 

• Complainant’s Reply due on October 29, 2013. 

• The City’s Rebuttal due on November 26, 2013. 

3. The City believes that the issues raised in the Complaint justify this additional 

time. Initial review of the Complaint and exhibits indicates that a thorough response to the 

specific allegations of the Complaint will require the collection and review of records of City 

actions regarding Chandler Municipal Airport, land use decisions in areas surrounding the 

Airport, and detailed accounting records relating to taxes and fuel sales. The City anticipates 

needing to review and compile those records, and likely prepare affidavits explaining City 
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accounting practices. Chandler is not a large city, and performing that work will require the City 

to find time to dedicate staff to those tasks. In addition, outside counsel was only retained in the 

past few days and needs time to become familiar with the issues and years of history placed in 

issue by the Complaint. Accordingly, the City requires more than the time permitted by rule to 

prepare its Answer. The Complainant and City anticipate that they will need additional time to 

prepare their Reply and Rebuttal, respectively. 

4. The extension of time will not prejudice the FAA’s investigation or have a 

material adverse impact on the parties. Moreover, providing the additional time for the City to 

provide a complete factual response to the Complaint, and providing additional time for the 

subsequent Reply and Rebuttal, will promote the efficient and just resolution of this case by 

providing FAA with a complete factual record on which to conduct its investigation. That will 

both promote the FAA’s truth-finding objectives and reduce the scope of the investigation by 

FAA staff. In short, the requested extensions will not adversely affect the parties or undermine 

FAA’s enforcement authority. 

5. The City and Complainant agreed, respectively, to accept service via email and to 

file electronically for this proceeding. Complainant’s email address is 

tmcculloch@gordonrees.com; the City’s email addresses are listed below. 

6. For the foregoing reasons, the City respectfully requests that FAA approve the 

stipulated briefing schedule set forth above.