RECEIVED 

U.S. DEPARTMENT OF TR/\NSP0RTAT10N . .. ^AJA 

OFFICE OF HEARINGS -^^^ ' "^ * ^ 

WASHINGTON, DC t;EARING DQCKF^\ 

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In the Matter of: * 

'^ FAA Docket No. Not Assigned 

FROSTAD ATELIER, INC. * FDMS NO. FAA-2()I l-0294_. 

* ALJ - GOODWIN"" 

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TO: Honorable Richard C. Goodwin and Respondent, tiuough counsel ;^ 

CO -o ' 

OPPOSITION TO RESPONDENT'S MOTION -g '^.^^^^ 

TO CONTINUE HEARING ~ ^'S O 

r;0 O - ^ - n 

- J 

The Complainant, through counsel, pursuant to Rule 13.218(d) of the Rules of Practice in 

FAA Civil Penalty Actions (14 C.F.R. 13.218(d)), files this opposition to Respondent's motion 

to continue the hearing. This Opposition is made on the grounds that Respondent failed to show 

good cause for the granting of a continuance in this matter. 

In this Court's May 24, 2011 Procedural Order, the parties were noticed to be prepared to 

present this case at a hearing on or after August I, 2011, subject to the availability of courtroom 

facilities. In a Hearing Notice and Amended Procedural Order, served on June 9, 2011, this 

Court notified the parties that the hearing was scheduled for August 30 - 31, 2011, in San 

Francisco, California. On August 5. 2011, less than 30 days before the hearing and without 

showing good cause, counsel for Respondent requested a continuance stating he has other 

matters ol"his private practice that conflict with this matter's August 30 - 31, 2011 hearing. 
Rule 13.218(c) of the Rules of Practice in FAA Civil Penalty Actions (14 C.F.R. 

13.218(c)) states in relevant part: "Unless otherwise agreed by the parties or for good cause 

shown, a party shall File any prehearing motion, and shall serve a copy on each party, not later 

tiian 30 days before the hearing."' Complainant objects to a continuance, nonetheless, counsel for 

Respondent did not contact the undersigned to discuss a continuance and alternative dates. 

Respondent has not shown good cause; this Court gave reasonable, more than 60-days, notice of 

the hearing in this matter. Inexplicably, counsel for Respondent states in his declaration "We are 

not seeking a delay of the hearing, just another date." Respondent asked for a continuance and 

did not ask for a hearing date earlier than August 30, 2011; thus, its request would, if granted, 

delay the hearing. Also, by not providing any future dates of CounseFs availability in the 

motion. Respondent appears to seek to indefinitely extend the duration of this adjudication. 

Further. Complainant would be prejudiced by a continuance. Arrangements have been 

accomplished for travel, hotel, and attendance of Complainant's two witnesses: FAA Special 

Agent Beverly A. Farris, the agent who investigated the subject hazardous material offer for 

shipment at the Louisville, Kentucky aiiport, and Krisla Hynes, the Southwest Airlines employee 

who, after notice from TSA, retrieved the hazardous materials from Respondent's cheeked 

baggage at the Louisville, Kentucky airport.' (On August 5, 2011, Complainant sent by facsimile 

a request for the issuance of a subpoena to compel Ms. Hynes' attendance.) 

In the cover Idler to llie Corjiplainl. Coniphiinant specifically sougiil venue in Louisville, Kentucky because of the 

location of the witnesses. Respondent never requested a venue location. 
Accordingly, the Complainant respectfully requests that your Honor deny Respondent's 

motion to continue the hearing. 

Respectfully submitted, 

Federal Aviation Administration 

Western-Pacific Region 

Lawndalc, California 

NAOMITSUDA 

Regional Counsel 

Lisa .1. Tose^no 

Attorney 

Dated: August 9, 2011 
FAA DOCKE'f NO. Not Assigned 

FDMS No. FAA-2011-0294 

CERTIFICATE OF SERVICE 

1 hereby certify that on this date I have placed in the United States mail, postage prepaid, the 

executed original and one copy of the OPPOSITION TO RESPONDENT'S MOTION TO 

CON'flNUE HEARING addressed as follows: 

Hearing Docket 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2W1000 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue, S.W. 

Washington, DC 20591 

and a true copy to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

East Building Ground Floor 

Room El2-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Also by facsimile: (202) 366-7536 

David W. Williams, Esq. 

16372 Underbill Lane 

Huntington Beach, CA 92647 

Also by facsimile: (714) 836-8292 

President 

Frostad Atelier, Inc. 

5225 Luce Avenue, Bidg ^243 

Bay ' C 

McClellan,CA 95652 

Dated: August 9, 2011 

Agnes Ebilane 

Legal fechnieian 

Office of the Regional Counsel 

Federal Aviation Administration 

Lawiidale. California