U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

JUL - ? 2010 

NiARlNG DOCKET 

IN THE MATTER OF 

SCENIC AVIATION, INC. 

FAA Docket No. CP09NM001I 

(Civil Penalty Action) 

DMSNo. FAA-2009-0974 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Hearing Location: Sah Lake City, UT 

Hearing Dates: July 13-16,2010 

UNOPPOSED MOTION FOR CONTINUANCE 

COMES NOW, Respondent, Scenic Aviation, Inc., by and through undersigned counsel, 

and hereby files the following Unopposed Motion for Continuance of the hearing in this matter. In 

support thereof. Scenic Aviation, Inc., states the following: 

1. A hearing is presently scheduled to take place on July 13-16, 2010, in Salt Lake City, 

UT. 

2. Complainant is represented by Agency coimsel, Scott R. Morris, Esq. 

3. Mr. Morris has been contacted today by undersigned counsel regarding this Motion for 

Continuance. Mr. Morris does not oppose a continuance of the hearing in this matter 

for the reasons stated herein. 
4. By letter dated June 30,2010, Agency counsel stated the following: 

In preparing for the upcoming hearing on this matter and reviewing the file it has 

come to my attention that you may not have received the logbooks and other 

information that are contained in a CD that was not originally included in the EIR 

case file. 

Out of an abundance of caution I am mailing a copy of this CD to you via federal 

express as I intend to use the documents contained on this CD in the Agency's case. 

See Exhibit 1 attached hereto. 

5. By FEDEX delivery on July 1,2010, Respondent's counsel received a compact disc 

(CD) fi-om the Complainant, which contains multiple files, consisting of voluminous 

documents, all of which the Complainant intends to use in support of the case it will 

present at the hearing of this matter. 

6. The Respondent has been undluly prejudiced by the Complainant's late disclosure, as 

the documents were produced only one day prior to the July 4,2010, holiday weekend. 

7. As a result, it is impossible for Respondent to provide the newly disclosed discovery to 

qualified witnesses in order to obtain expert opinions before the scheduled hearing on 

July 13,2010, in Utah. 

8. Thus, Respondent has been denied a full and fair opportunity to conduct meaningfiil 

discovery in this matter. 

9. Respondent respectfixlly requests a continuance of the scheduled hearing in order to 

conduct meaningful discovery in this matter, including but not limited to the 

opportimity to identify expert witnesses with regard to the newly disclosed documents. 
WHEREFORE, in the interest of justice and for good cause shown, Respondent, Scenic Aviation, 

Inc., respectfully requests that the Honorable Richard C. Goodwin, Administrative Law Judge, 

issue an Order granting a continuance of this matter for^it^east seventy-five (75) days. 

Dated: July 1,2010 

RespectfuU^/S;dbmitted, 

GREGMY^ . WINTON, ESQ. 

Avian(Mi Eaw Experts, LLC 

33C/Aviation Way 

Fi;6derick, MD 21701 

tel: (301) 294-8550 

^Fax: (301) 294-2525 

Greg(a),A viationLawExperts.com 

Counsel for Respondent 
I 1 

EXHIBIT 1 

i , 
o 

U.S. Department 

Of Transportation 

Federal Aviation 

Administration 

Office of Regional Counsel 

Northwest Mountain Region 1601 Lind Avenue S.W. 

Colorado, Idaho, Montana, Renton, Washington 98057 

Oregon, Utah, Washington, Tel: (425)227-2007 

Wyoming Fax: (425) 227-1007 

Scott.morris@faa.gov 

June 30, 2010 FAA Docket No. CP09NM0011 

Sent via Federal Express Mail and email to greg(S).aviationlawexperts.com 

Gregory S. Winton, Esq. 

Aviation Law Experts, LLC 

330 Aviation Way, 2d floor 

Frederick, MD 21701 

RE: Copy of CD containing documents for Scenic Aviation Case. 

Dear Mr. Winton: 

In preparing for the upcoming hearing on this matter and reviewing the file it has come 

to my attention that you may not have received the logbooks and other information that 

are contained in a CD that was not originally included in the EIR case file. Out of an 

abundance of caution I am mailing a copy of this CD to you via federal express as I 

intend to use the documents contained on this CD in the Agency's case. If you have 

not received copies of these documents before consider this a supplement to my 

Response to your Initial Discovery Request, specifically as to Interrogatory No. 4 and 

Request for Production No. 1 and 3. 

Sincerely, 

Scott R. Morris 

Enforcement Attorney 

End 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date served by regular U.S. mail, postage prepaid, an original and 

one (1) copy of the foregoing Unopposed Motion for Continuance addressed to: 

Attention: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Suite 2W1000 

Washington, D.C. 20591 

And, further, that I have this date served via facsimile and regular U.S. mail, postage prepaid, a 

copy of the foregoing Unopposed Motion for Continuance addressed to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

Tel: 202-366-2139 

Fax: 202-366-7536 

Scott R. Morris, Esq. 

Office of Regional Counsel, ANM-7 

FAA Northwest Moimtain Region 

1601 Lind Avenue, SW 

Renton, WA 98057 

Tel: 425 227-1417 

Fax: 425 227-1007 

Dated: July 1,2010 

S. WINTON, ESQ. 

Aviatieif Law Experts, LLC 

330 Aviation Way 

Frederick, MD 21701 

Tel: (301) 294-8550 

Fax:(301)294-2525