u.s. DEPARTMENT OF TRANSPORTATION A E c E 'v ED 

Office of Hearings 

Washington, D. C. FEB 2 1 2014 

--------------R-IEARING DOCKET 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

RESPONDENT'S MOTION FOR RECONSIDERATION 

Respondent, The Liberty Foundation, Inc., ("Liberty"), respectfully moves the Court 

to reconsider its Order Denying Respondent's Motion For Continuance, And Granting/ 

Denying Other Relief, dated February 6, 2014. In support of this Motion, Liberty states: 

1. Liberty respectfully suggests the Court's ruling creates a substantial 

unfairness to Liberty in that it (1) requires Liberty to make Mr. Fowler's testimony known 

to FAA before FAA has to call a single witness; (2) relieves FAA of the obligation as 

Complainant of going first; (3) puts the onus of going first on Liberty without the benefit 

of closing; (4) allows FAA the benefit of closing without the burden of going first; and (5) 

requires Liberty to correctly anticipate all of FAA's testimony and documentary evidence 

when taking Mr. Fowler's perpetuation deposition. 

2. Although the Court ruled Respondent did not show substantial prejudice if Mr. 

Fowler does not present live testimony, Liberty believes the above listing, all of which 

are stated or implied in Liberty's Motion, is substantial prejudice. Liberty acknowledges 

there are certainly circumstances in trials when a party desires to call a witness out of 

STUART A GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 870-1222 F: (305) 400-0685 EMAIL: .SIMB.ffiQLQS~.NE;I Page 1 of 4 
turn or during an opposing party's direct case, but the requirement in these 

circumstances is very unfair to Liberty for the reasons set forth above. 

3. Part of the Court's stated reasons is that "Mr. Fowler has accepted a tour of 

active duty." Order, p. 4, emphasis added. Mr. Fowler did not "accept" a tour of duty, he 

was ordered to deploy to Afghanistan and must so deploy as set out in Exhibit A to 

Liberty's Motion. 

4. The Court states "it does not follow that Mr. Fowler is the only person 

qualified to serve as the Respondent's representative at the Hearing [because while Mr. 

Fowler is] gone on military deployment someone else must assume his B-17 teaching 

duties, manage the Respondent's aviation operations, pilot the aircraft, oversee the 

aircraft maintenance, and serve as Respondent's representative." Order, p. 4. Liberty 

respectfully suggests there is no someone who can assume these functions other than 

Mr. Fowler. Liberty did not think it necessary to state in its Motion that the ground 

school (teaching duties) referenced in the Motion will have been completed before Mr. 

Fowler leaves on his deployment, and that there are sufficient pilots who can fly the 

B-17 while Mr. Fowler is away. However, there is no one person in Liberty's 

organization, which consists almost entirely of volunteers, other than Mr. Fowler who 

has the background, experience, and expertise to assist counsel by reason of all of 

these qualities. 

Wherefore, Liberty respectfully requests the Court reconsider its February 6, 2014 

Order and grant Liberty's Motion. 

STUART A. GOLDSTEIN, P A. 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 670· 1222 F: (305) 400-0685 EMAIL: .S.I_U_f._R_ElQW2SillNP~ Page 2 of 4 
Respectfully submitted, 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

Email: stuartgoldsteinpa@att.net 

. A ;! ' t:- By:_.:_cl:d-K"''Ao.;,.l'='fJ."'-J--'f-'--(~. '-",()1"'~ ''-!tz!L"-'llJ"". ''-'·[---"~···_· ______ _ 

Stuart A. Goldstein 

Attorney for Respondent 

CERTIFICATE OF SERVICE 

HEREBY CERTIFY that the foregoing has been served on this 1Oth day of 

February, 2014, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

0. Box 20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U. S. Mail 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C. 20591 

STUART A GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: {305) 670-1222 F: (305) 400-0685 EMAIL: S.IUABI.G.QLQ_s.lE.lli.E'A@ATINEI Page 3 of 4 
and that a copy was served upon: 

Honorable J. E. Sullivan 

Office of Hearings, M-20 

S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-31 0) 

Washington, D. C. 20590 

By Facsimile: (202) 366-7536 

and regular U. S. Mail 

STUART A. GOLDSTEIN, P_ A 

7300 North Kendall Drive, Suite380, Miami,FL 33156 

T: (305) 670-1222 F: (305} 400-0685 EMAIL: SlU6BlGDJJ2STE1NPA 14JAII NET Page 4 of 4