BEFORETHE U.S. DEPARTMENT OFTRANSPORTATION FEDERALAVIATION ADMINISTRATION WASHINGTON, D.C. 

## RECEIVED ) VIRGINIA ONE DEVELOPMENT, LLC, et al., ) ) Complainants, ) ) v. ) ) THE CITY OF ATLANTA, GEORGIA, ) ) Respondent. ) 

### _____________________________) 

## MAR 102015 PART 16 DOCKETS

FAA DocketNo. 16-12-09

RESPONDENTTHE CITY OFATLANTA, GEORGIA'S CONSENTED MOTIONFOR EXTENSION OFTIMETO FILEBRIEFIN RESPONSE TOAPPEAL Respondent, the City of Atlanta, Georgia ("City of Atlanta"), by and through its undersigned counsel, pursuant to 14 C.F.R. 

### § 16.19(e), respectfully moves for a short extension oftime up to and including April 7, 2015, in which to file its briefin response to the appeal brief filed by Complainants Virginia One Development, LLC, R.W. Parsons, Inc. d/b/a Clubhouse, D. Scott Henderson d/b/a Avery Park, Colony Camp Creek, LLC, and Crossing Townhomes, LLC (collectively, "Complainants"). In support ofits motion, Respondent states as follows: 1. On January 26, 2015, the Director of the Office of Airport Compliance and Management Analysis issued his Determination dismissing Complainants' Part 16 proceeding and finding that the City ofAtlanta is not in violation of its federal obligations set forth in its airport grant assurances and existing federal statutes. 2. On February 25, 2015, Complainants filed their Appeal from the Director's Determination ("Appeal Brief') and served their Appeal Briefon counsel for the City ofAtlanta via electronic mail.3. Title 14 C.F.R. 

### § 16.33(d) provides that "[a] reply to an appeal briefmay be filed within20 days after the date ofservice ofthe appeal." 4. Accordingly, the City of Atlanta's reply to Complainants' Appeal Brief IS currently due onMarch 17,2015. 5. Title 14 C.F.R. § 16.19(e) allows a pmiy to seek an extension oftime provided that a written motion seeking such an extension is filed at least three business days before the document is due. 6. Given the many argmnents set forth in Complainants' Appeal Brief and the voluminous record associated with this proceeding, the City ofAtlanta requires additional time beyondthe twenty-dayperiod established in 14 C.F.R. § 16.33(d) to preparethe City ofAtlanta's responsive brief. 7. Accordingly, the City ofAtlanta respectfully requests an extension oftwenty-one days up to and including April 7, 2015, in which to file its responsive briefto Complainants' Appeal Brief. 8. By electronic mail dated Mm·ch 4, 2015, Complainants' counsel Steven Taber, indicated that Complainants consent to an extension oftime up to and including April 7, 2015, for the City ofAtlantato file its responsive brief. WHEREFORE, Respondent, the City of Atlanta, Georgia, respectfully requests an extension of time up to and including April 7, 2015, in which to file its responsive brief to Complainants Appeal Brief.Dated: March 6, 2015 Respectfully submitted, THOMPSON HINE LLP By

# L7~ John L. Watkins Georgia BarNo. 740515 john.watkins@thompsonhine.com Roy 

### E. Hadley, Jr. Georgia BarNo. 003730 rov.hadley@thompsonhine.com Two Alliance Center 3560 LenoxRoad, Suite 1600 Atlanta, Georgia 30326-4266 Phone: (404) 541-2900 Fax: (404) 541-2905

EricN. Heyer District ofColumbia BarNo. 500095 eric.heyer@.thompsonhine.com 1919 M Street, N.W., Suite 700 Washington, D.C. 20036 Phone: (202) 331-8800 Fax: (202) 331-8330 Counsel for Respondent, The City of Atlanta, GeorgiaCERTIFICATE OFSERVICE I hereby ce1iif)' that on this 6th day ofMarch, 2015, I caused a true and correct copy of the foregoing Consented Motion for Extension ofTime to be served via electronic mail and first class mail, postageprepaid, on the following: StevenM. Taber, Esq. TABERLAWGROUP, P.C. 1 League, #60036 Irvine, California 92602 staber@taberlaw.com Counsel for Complainants

Eric N. Heyer