Communications with respect to this document should be sent to:

Mike Borsetti

101 California St Ste 4100

San Francisco, CA 94111

mike@borsetti.com

12 November 2014

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Mike Borsetti et al.

vs. 

British Airways Plc

Violations of 14 CFR Parts 250, 259, and 

374, and 49 U.S.C. § 41712

Docket DOT-OST-2014-0166

MOTION FOR LEAVE TO FILE A REPLY TO BRITISH AIRWAYS’ ANSWER
Motion for leave

1

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Mike Borsetti et al.

vs. 

British Airways Plc

Violations of 14 CFR Parts 250, 259, and 

374, and 49 U.S.C. § 41712

Docket DOT-OST-2014-0166

MOTION FOR LEAVE TO FILE A REPLY TO BRITISH AIRWAYS’ ANSWER

1. Although under Rule 408 there is no allowance for the filing of a reply to 

an answer to a docketed enforcement Complaint, I respectfully request the DOT to grant 

a leave to file a reply to British Airways’ Answer, not to exceed five pages, in order to 

benefit the Department.

2. As my Complaint shows I was never given the opportunity to address BA’s 

refund methodology and calculations. Although I made a request, which I believe to be 

commonsensical, for BA to justify refund amounts different from what I calculated and 
Motion for leave

2

demanded, BA repeatedly ignored it. Indeed the record shows that I had to repeat it at 

least five times1, to no avail. 

3. BA’s Answer for the first time lets me know that the lump sum they credited

was itemized to the three tickets in a very uneven matter ($641, $132 and $176), and for 

the first time outlines the general methodology used for its calculations (page 3). Due to 

BA’s repeated failures to provide substantial answers to my queries, I was not given the 

opportunity to address BA’s methodology or calculations in the Complaint itself. I believe 

the Department would benefit in its decision making if I was allowed to do so in my reply,

as BA’s mishandling of the refunds is a key issue in this proceeding.

4. BA’s Answer also introduces new facts to the proceeding not present in my 

Complaint, which would benefit if addressed by me. For example it cites the cancellation 

of flight AA 136 and BA’s subsequent request to a single AA employee “that no additional 

bookings be made in [business class]” as being events relevant to this case (page 3, under 

the heading of “Factual Background”). I believe the Department would benefit by my 

submittal in my reply of evidence showing that the cancellation of AA 136 took place well

after BA had confirmed our reservations, and therefore, should these facts ever even matter, they are totally irrelevant to the Complaint.

5. BA’s Answer further makes assertions as to my behavior (page 4), intentions (page 5), and decisions (page 7); these assertions are not accurate. I believe the Department would benefit from learning about my true behavior, intentions, and decisions.

 

1 The initial request was made on 20 March (see Appendix page 35) and, as a result of BA’s non-reply, was 

repeated on 25 March (page 42), later on the same day of 25 March (page 46), on 5 April (page 52) and on 

2 June (page 65).
Motion for leave

3

6. For these reasons, which benefit the Department, I urge you to grant this 

motion for leave to file a reply to BA’s Answer, with the understanding that I shall keep 

it to a length of five pages or less.

Respectfully submitted,

/s/

Mike Borsetti

12 November 2014
Motion for leave

4

CERTIFICATE OF SERVICE

A copy of the foregoing has been served as required by 14 C.F.R. § 302.7 this day

of 12 November 2014 upon the following parties via electronic mail, and no indication was 

received that any transmission had failed:

 For the U.S. Department of Transportation:

o Blane Workie, Acting Assistant General Counsel for Aviation Enforcement and Proceedings: blane.workie@dot.gov

o Clereece Kroha, Office of Aviation Enforcement and Proceedings: 

clereece.kroha@dot.gov

 For British Airways Plc:

o Richard Mendles, General Counsel, Americas: richard.mendles@ba.com

o James B. Blaney, Senior Counsel, Americas: jim.blaney@ba.com

o Don H. Hainbach, Garofalo Goerlich Hainbach PC: dhainbach@ggh-airlaw.com

o Jason E. Maddux Garofalo Goerlich Hainbach PC: jmaddux@ggh-airlaw.com

/s/

Mike Borsetti