# u.s. DEPARTMENT OFTRANSPORTATION

# AE

# cE

# 'vED Office of Hearings Washington, D. C. 

## FEB 212014 

## --------------R-IEARINGDOCKET The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative LawJudge

RESPONDENT'S MOTION FOR RECONSIDERATION Respondent, The Liberty Foundation, Inc., ("Liberty"), respectfully movesthe Court to reconsider its Order Denying Respondent's Motion For Continuance, And Granting/ Denying Other Relief, dated February 6, 2014. In supportofthis Motion, Liberty states: 1. Liberty respectfully suggests the Court's ruling creates a substantial unfairnessto Liberty in that it (1) requires Liberty to make Mr. Fowler'stestimony 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 ofclosing; (4) allows FAAthe 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

STUARTA GOLDSTEIN, P.A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 870-1222 F: (305) 400-0685 EMAIL:**.SIMB.ffiQLQS~.NE;I** Page 1of 4

### turn or during an opposing party's direct case, but the requirement in these circumstances is very unfairto Libertyforthe reasons setforth 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. Fowlerdid not "accept" atour 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.

STUARTA. GOLDSTEIN, P A. 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670·1222 F: (305) 400-0685 EMAIL:**.S.I_U_f._R_ElQW2SillNP~** 

### Page 2of 4Respectfullysubmitted, STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email: stuartgoldsteinpa@att.net

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## ''-'·[---"~···_· ______ _ StuartA. Goldstein Attorneyfor Respondent

CERTIFICATE OFSERVICE HEREBY CERTIFY that the foregoing has been served on this 1Oth day of February, 2014, as setforth below: Christopher 

### R. Stevenson, Esq. Office ofthe Regional Counsel FederalAviationAdministration 

### 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 2W1000 FederalAviationAdministration 800 IndependenceAvenue, S. 

### W. Washington, D. C. 20591

STUARTA GOLDSTEIN, P. A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: {305) 670-1222 F: (305) 400-0685 EMAIL:S.IUABI.G.QLQ_s.lE.lli.E'A@ATINEI Page3 of4and that a copywas served upon: HonorableJ. E. Sullivan Office of Hearings, M-20 S. Department ofTransportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C. 20590 By Facsimile: (202) 366-7536 and regular U. S. Mail

STUARTA. GOLDSTEIN, P_ A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670-1222 F: (305} 400-0685 EMAIL: SlU6BlGDJJ2STE1NPA14JAIINET Page 4 of 4