^^••sroRWiON 

SERVED JUNE 8, 2011 

Ml H^^CEIVED ^^ ^ f • l5.§. DEPARTMENT OF TRANSPORTATION 

RARING DOCKET 

OFFICE OF HEARINGS UiKl 1 l, tAu 

WASHINGTON, D.C. . , ^ JUN M ^gj | 

APPLICATION OF 

RECURRENT TRAINING CENTER, INC. 

For fees and expenses under the 

Equal Access to Justice Act 

FAA DOCKET NO. (CPIOGLOOIO) 

(Civil Penalty Action) 

FDMS NO. (FAA-2010-0973) 

APPLICANT'S PETITION FOR LEAVE TO FILE AN ADDITIONAL BRIEF 

COMES NOW Respondent, RECURRENT TRAINING CENTER, INC., hereinafter 

"RTC", by and through its counsel, BARNETT LAW OFFICES, P.C, pursuant to 14 CFR 

§14.28 and §13.233 hereby petition's the FAA Decisionmaker for leave to file an additional brief 

for good cause shown in support of its Appeal Of The Administrative Law Judge's Initial 

Decision Denying Application For Attorney's Fees and Other Expenses under the Equal Access 

to Justice Act, FAA Docket No. CPlOGLOOl 0 (DMS No. FAA-2010-0973) served on January 3, 

2011 for the reasons set forth below. 
GOOD CAUSE EXISTS TO FILE AN ADDITIONAL BRIEF 

In Complainant's Reply Brief Served May 9, 2011, the Administrator "determined that it 

was not substantially justified in the proceeding with the litigation" and raised, for the first time, 

the issue of "the proper amount of legal fees and other expenses that may be awarded pursuant to 

the EAJA". In Appellant's Brief In Support Of Its Appeal Of The Administrative Law Judge's 

Initial Decision Denying Application For Attorney's Fees And Other Expenses RTC began by 

arguing that" .. .the Agency did not challenge whether RTC was the prevailing party; whether 

RTC was financially qualified to receive an EAJA award; whether the claimed attorneys' fees 

and expenses were reasonable under the circumstances: or whether special circumstances make 

an EAJA award unjust; the sole remaining issue involves whether the Agency was substantially 

justified in prosecuting the matter (emphasis added)". Accordingly, RTC has not had an 

opportunity, nor reason to this point, to address the issues raised by the Administrator in 

Complainant's Reply Brief for the first time in the instant appeal. For instance, the 

Administrator has raised issues as to the whether Applicant's attorney's qualifications rise to the 

level of "specialized skill" and whether a portion of the fees requested are provided by an 

"agent" within the meaning of EAJA and that the combined hours spent on this matter and 

claimed by RTC which average only 2 hours per week have exceeded some random standard of 

"reasonableness". RTC respectfully requests an opportunity to make evident to the FAA 

Decisionmaker that its counsel is clearly qualified to receive an additional $23/hr and that every 

reasonable measure was taken to keep litigation costs low in order to counter an action that was 

admitted to be "not substantially justified" fix>m the beginning. With the Decisionmaker's 

permission, RTC can dispositively demonstrate that its application for fees is reasonable and 

within the allowable limits contemplated by EAJA. 
WHEREFORE, RTC respectfully request this decisionmaker to allow RTC to file an 

additional brief. 

Respectfully submitted, 

Charles R. Bamett, III 

BARNETT LAW OFFICES, P.C. 

1664 Moorland Lane 

Crystal Lake, Illinois 60014-2985 

(815)356-8647 

(815) 356-7042 (FAX) 

Attorney for Apphcant 

Recurrent Training Center, Inc. 

Dated: June 8, 2011 
CERTIFICATE OF SERVICE 

The undersigned certifies that the foregoing Applicant's Petition For Leave To File An 

Additional Brief was served via facsimile and FedEx as follows: 

ORIGINAL AND ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright BuUding—Suite 2W1000 

FAX: (202)493-5142 

ONE COPY 

John C. Stuart, Complainant's Counsel 

Office of Chief Counsel 

800 Independence Ave. S.W. 

Washington, DC 20591 

Fax: (202)267-5106 

Dated: June 8, 2011 

Charles^. B^rfiStt^HT' 

Attorney for Respondent