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 PART IES TO FILE THE ANSWER, REPLY, AND REBUTTAL

Designation of persons to receive servi ce 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) 955-56162 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. Cha ndler Air Service (“Complainant”) filed its Complaint by letter dated July 2, 2013. Th e FAA issued a Notice of Docketing of the Complaint, accompanied by a cer tificate of service dated August 6, 2013, showing service by mail. The City actually r eceived 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 extensi on of the deadline for filing its Answer until September 30, 2013 (a 32-day extension). The City contacted Compla inant’s counsel via te lephone 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 partie s discussed the overall briefi ng 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 exhi bits 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 affida vits explaining City3 accounting practices. Chandler is not a large cit y, 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 w ith 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 Complain ant 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. Moreove r, providing the additional time for the City to provide a complete factual response to the Co mplaint, and providing additional time for the subsequent Reply and Rebuttal, wi ll promote the efficient and ju st 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 request ed extensions will not adversely affect the parties or undermine FAA’s enforcement authority.

5. The City and Complainant agreed, respect ively, to accept service via email and to file electronically for this proceedi ng. Complainant’s email address is tmcculloch@gordonrees.com; the City’s em ail addresses are listed below.

6. For the foregoing reasons, the City resp ectfully requests that FAA approve the stipulated briefing schedule set forth above.