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

- 201 4

- 0166

MOTION FOR LEAVE TO FILE A REPLY TO BRITISH AIRWAY S ’ ANSWERMotion 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 A IRWAYS’ ANSWER

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

an answer to a docketed enforcement C omplain t , I respectfully request the DOT to grant

a leave to file a r eply 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 calculation s. Although I made a request, which I believe to be

commonsensical, for BA to justify refund amount s different fr om what I calculated andMotion for leave

2

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

least five times 1 , 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 i n a very uneven matter ($641, $132 and $176) , and for

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

BA ’ s repeated failures to provide substantial answers to my queries, I was not give n 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 introduce s 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 (p age 4)

, intentions (page 5)

, and decisions (p age 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 p age 35 ) and, as a result of BA’s non

- reply, was repeated on 2 5 March (p a g e 42 ), later on the same day o f 2 5 M a r c h (p a g e 46 ), on 5 April ( p a g e 52 ) and on 2 June (p a g e 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 s ubmitted

,

/s/

Mike Borsetti

12 November 2014Motion for leave

4 CERTIFICATE OF SERVI CE

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 e lectronic 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 E n forcement and Proceedings : blane.workie@dot.gov

o C lereece K roha , 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