SERVED: August26, 2015 

U.S. DEPARTMENT OF TRANSPORTION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

Michelle Kraemer 

Docket No. FAA-2015-2441 

(Civil Penalty Action) 

Agency Case No. 2015-WA-91-0066 

RECE\VED 

AIJG 3 \ 2[!\5 

RING. oocKET HFA. 

Complainant's Response to Respondent's Motion for Extension of Time to Answer 

and 

Complainant's Motion to Deem Allegations Admitted and 

Motion for Judgment on the Pleadings or, 

in the Alternative, Motion to Limit the Issues at Hearing to Sanction 

NOW COMES the Complainant, the Federal Aviation Administration (hereinafter 

"FAA" or "Agency", by counsel, and pursuant to the Rules of Practice set forth in 14 C.F .R. Part 

13, Subpart G, of the Federal Aviation Regulations, and for the reasons set forth below, submits 

this response to Respondent's August 25, 2015 Motion for Extension of Time to Answer and 

also the Agency moves for an order deeming the allegations set forth in the Agency's July 13, 

2015 Complaint admitted and for judgment on the pleadings or, in the alternative, an Order 

limiting the issues at hearing to sanction. In support of its motions, the Agency states as follows: 

FACTS 

1. On June 22, 2015, the Agency issued a Final Notice of Proposed Civil Penalty 

(FNOPCP) to Respondent for a violation of 14 C.F.R. § 120.37(n). Exhibit A-1. 

2. On July 7, 2015, Complainant filed her appeal, through counsel. Exhibit A-2. 

1 
3. Respondent's Counsel and the Agency Counsel had email communication on July 8, 

2015, during which Agency Counsel pointed Respondent Counsel to the Federal Aviation 

Regulations governing the DOT Appeal process. Exhibit A-3. 

4. On July 13, 2015, the Agency served the Complaint in this matter on Respondent 

Counsel via Certified Mail as well as electronic mail, as well as on the Hearing Docket. 

Exhibit A-4. 

5. Pursuant to 14 C.F.R. § 13.209(a), a respondent shall ftle a written answer to the 

complaint not later than 30 days after service of the complaint. 

6. Moreover, "failure to file an answer without good cause shall be deemed an admission of 

the truth of each allegation contained in the complaint." 14 C.F.R. § 13.209(f). 

7. On August 10, 2015, Administrative Law Judge Goodwin issued a Procedural Order in 

this case which reiterates the requirements of 14 C.F.R. § 13.209 and explicitly explains 

that "Respondent must file a written Answer or motion within thirty (30) days after 

service of the Complaint ... [and] failure to file an Answer without good cause is deemed 

an admission of each allegation in the Complaint. .. " 

8. Based on the foregoing, Respondent was required to file his answer no later than August 

12,2015. 

9. On August 24, 2015, Respondent Counsel filed a Motion for Extension of Time to 

Answer. To date, the Respondent has failed to file an answer to the Agency's Complaint. 

I 0. Respondent Counsel states he returned to the country and received actual notice of the 

Complaint on July 27,2015, with 16 days left to file a timely answer. 

2 
11. On July 29, 2015, Respondent Counsel requested the releasable portions of the Agency's 

Enforcement Investigation Report (EIR), which the Agency provided on August 3, 2015, 

all via email. Exhibit A-5. 

ARGUMENT 

The Agency respectfully requests that Respondent's Motion be denied for lack of good 

cause. Furthermore, the allegations in the Complaint should be deemed admitted because the 

Respondent has failed to file an answer to the Complaint in a timely manner. The Regulations at 

14 C.P.R. § 13.209 provide that a respondent shall file an answer to the complaint within 30 

days after service of the complaint. This language, clear on its face, places an affirmative duty 

upon the Respondent to file an answer in a timely manner. The necessity to file a timely answer 

is not an option for a respondent but a duty imposed by regulation. Furthermore, there is no 

discretion provided by regulations for the Respondent to file an answer beyond the stated 

deadline. This section also provides that failure to file an answer "without good cause shall be 

deemed an admission of the t.•uth of each allegation contained in the complaint." Again, the 

regulations permit no lenience absent a showing of good cause. 

Respondent has yet to file an answer to the Agency's Complainant, and is clearly 

disregarding her responsibility under 14 C.P.R. § 13.209(a). The Agency timely served its 

complaint on the Respondent on July 13, 2015, by certified mail and also provided Respondent 

Counsel with a Courtesy Copy via email. This occurred a(ter Respondent filed a timely Appeal 

on July 7, 2015. When Respondent filed her appeal, she was aware of the regulations and should 

have been anticipated that the Agency would file its Complainant and, therefore, an Answer 

would be required. Respondent Counsel's lack of presence in the country until July 27, 2015 

does not justify good cause for an untimely answer. Respondent should have either prepared the 

3 
answer prior to his absence or, even after Respondent Counsel returned, he had 16 days to still 

file a timely answer. Moreover, after his reasonable request for the releasable portions of the 

EIR, Agency Counsel provided said documents via email on August 3, 2015. After receipt of 

these documents, Respondent still had nine (9) days to file a timely answer. Respondent has 

failed to show good cause for the delay in this case. 

Under the above circumstances, and in light of the Administrator's precedent, See, e.g., 

In the Matter of Donald M Missirlian, FAA Order No. 97-19 at 1 (May 22, 1997), In the Matter 

of Barnhill, FAA Order No. 92-32 at 6, (May 5, 1992), In The Matter of Michael Kildujfi, 2011 

WL 1483974 (Aprill8, 2011), which found no error with a law judge granting a motion on the 

pleadings when an answer to a complaint is untimely filed (coupled with the absence of good 

cause for the failure of a Respondent to timely file an answer), the Respondent's August 25, 

2015 Motion should be denied and the allegations in the present complaint should be deemed 

admitted. 

Additionally, under FAA Order 2150.3B, Compliance and Enforcement Program, 

Sanction Guidance Table, the Agency is seeking an eleven thousand dollar ($11,000) civil 

penalty, which is within the recommended sanction range for the violations alleged. By 

Respondent's failure to timely file an answer, the Respondent has provided no mitigating 

circumstances such that any reduction of the proposed sanction may be found. 

4 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing Motion by mailing copies 

thereof, as follows 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl000 

FAX: 202-493-5141 

ONE COPY 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 

FAX: 202-366-7536 

Brian Lawler 

1551 9th Avenue 

San Diego, CA 92101 

FAX: 619-231-4984 

Dated this 26th day of August, 2015 

C\) .c6{ ((;\DA0 

Great Lakes 

Legal Technician 

6 

Regular Mail & Facsimile 

Regular Mail & Facsimile 

Regular Mail & Facsimile 
U. S. Department 

of Transportation 

Federal Aviation 

Administration 

June 22, 2015 

In Reply 

Refer to: AGL-7M 

2015-WA-91-0066 

Great Lakes Region 

23 00 East Devon Avenue 

Des Plaines, Illinois 60018-4696 

Area Code 84 7 294-7313 

REGULAR & CERTIFIED -RETURN RECEIPT REQUESTED 

TO: Michelle Kraemer 

9881 Jasper Drive 

Commerce City, CO 80022-9899 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On April15, 2015, you were advised through a Notice of Proposed Civil Penalty that the 

FAA proposed to assess a civil penalty against you in the amount of $11,000. 

As of this date, we have received no response to this Notice. Therefore, after consideration of 

all of the available information, it has been determined that: 

1. You now hold, and at all relevant times held, Flight Attendant Certificate 

Number 3281461. 

2. At all relevant times, you were employed by Republic Airlines (Republic), a 

Part 119 certificate holder authorized to operate under Part 121 of the Federal 

Aviation Regulations. 

3. At all relevant times, Republic was the holder of Air Carrier Certificate 

NumberR61A758X. 

4. At all relevant times, Republic had an Anti-drug and Alcohol Misuse Prevention 

Program in place in accordance with 14 C.F.R. Part 120. (Republic's Policy) 

5. An employee performing flight crewmember duties for Republic performs a 

safety-sensitive function and is a covered employee subject to testing pursuant to 

14 C.F.R. Part 120 and Republic's Policy. 

6. On or about February 14,2011, you acknow1edgedreceipt and understanding of 

Republic's Policy. 

7. On January 16, 2015, you were assigned to serve as a Flight Attendant (FA) on ExhibitA-1 

civil aircraft N508LX, on the following flights: Agency Response to Motion fo~ Exte~si?~ 
a. Flight No. 4926 from Denver International Airport (DEN) to Eagle 

County Regional Airport (EGE); 

b. Flight No. 4946 from EGE to DEN; 

c. Flight No. 4946 from DEN to Wichita Dwight D. Eisenhower 

National Airport (lCT); 

d. Flight No. 4869 from ICT to DEN. 

8. Republic is authorized to operate the above aircraft, N508LX, in Part 121 air 

carrier service. 

9. On January 16, 2015, you reported for duty to perform safety-sensitive functions, 

acting as a FA. 

10. You performed safety-sensitive functions as a FA on all four of the above 

mentioned flights. 

11. During the final flight from ICT to DEN (the flight), you made an announcement 

that was incoherent, inappropriate, and slurred. 

12. Concerned about your behavior, the Captain spoke to you over the intercom 

and you stated that you were "back here partying and having fun" with your 

passengers. 

13. When asked about your behavior, the other Flight Attendant onboard N508LX 

reported to the Captain that you were having trouble maintaining your balance 

and making coherent announcements. 

14. You then also allowed a passenger to make a public announcement. 

15. The Captain notified Republic about your behavior. 

16. At 1755 MST, when N508LX arrived at DEN, Base Manager and Inflight 

Services Supervisor James Brickell met the Captain at the gate and the Captain 

notified Mr. Brickell about your behavior. 

17. Mr. Brickell boarded the aircraft and began a conversation with you. 

18. Mr. Brickell observed your lack of balance and slurred speech and could also 

smell the odor of alcohol on your breath. 

19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated 

Employee Representative Terri Skowronek on his mobile phone and Ms. 

Skowronek requested to speak to you on speakerphone. 

20. As you denied that you had been drinking, on speakerphone, Ms. Skowronek 

heard you slur your words. 

21. Mr. Brickell and Ms. Skowronek agreed that there was cause to require a DOT 

reasonable suspicion alcohol test be performed on you. 

2 Exhibit A-1 

Agency Response to Motion fa~ Exte~si?~ 
22. Both Mr. Lltkell and Ms. Skowronek were trained1 

·~:lnake reasonable 

suspicion and cause determinations. 

23. Mr. Brickell escorted you to his office to await testing. 

24. At !835 MST, the Collector/Breath Alcohol Technician (BAT) arrived at Mr. 

Brickell's office. 

25. After arriving in Mr. Brickell's office, the BAT noted that she could smell the 

odor of alcohol, that your gait was uneven, and that you had begun to urinate. 

26. You submitted to a Breath Alcohol Test conducted by a certified BAT, 

utilizing Intoximeter RBT IV I Alco Sensor IV EBT device, serial number 

009350, at 1839 MST on January 16,2015. 

27. The results of that test indicated an alcohol concentration of .123 percent. 

28. After the initial test, the BAT advised you that a confirmation test would be taken 

in 15 minutes, that you were to remain in the room with the BAT, and that you 

should not eat, drink, or belch. 

29. During the 15 minute wait period, the BAT observed you "gurgling" or 

"suppressing a belch" and reminded you not to eat, drink, or belch. 

30. You then submitted to a confirmation test and the results indicated alcohol 

concentrationof.211 percent at 1856 MST. 

31. By reason of the facts and circumstances set forth above, you reported for duty 

and acted as a crewmember, which requires the performance of safety-sensitive 

functions, when you had a breath alcohol concentration of .04 or greater. 

By reason of the foregoing circmnstances, it you violated the following Federal Aviation 

Regulation: 

14 C.F.R. § 120.37(n) which provides that no covered employee shall report for duty 

or remain on duty requiring the performance of safety-sensitive functions while having 

an alcohol concentration of 0.04 or greater. 

In accordance with Title 49 ofthe United States Code, Section 4630l(a) and (d) (49 U.S. C. 

§46301), you are subject to a civil penalty not to exceed $10,000 for each violation of the 

regulations. Therefore, by reason of the foregoing facts and circumstances, we propose to 

assess a civil penalty in the amount of $11,000. 

Within fifteen (15) days after your receipt of this Final Notice of Proposed Civil Penalty, you 

must elect to either submit the full civil penalty amount of$11 ,000 or request a formal 

hearing. If you fail to respond with one of these alternatives, an Order Assessing Civil 

Penalty, requiring payment of the full amount of the proposed civil penalty, will be issued. 

Should you elect to submit the civil penalty, please mail or deliver a certified check or money 

order, payable to the Federal Aviation Administration, Office of Regional Counsel, 2300 East 

Devon Avenue (AGL-7, Room 479), Des Plaines, Illinois 60018. 

3 Exhibit A-1 

Agency Response to Motion for Extension .... ~ -. 
In the alternative, you may pay your civil penalty with a credit card, or a bank account debit, 

over the Internet. To pay electronically, visit the web site at https://www.pay.gov. Under the 

Search Public Forms option, type in "FGL-FINEl." Click on "Civil Penalty PaymentsGreat Lakes Region". You must then complete the requested information and click 

"Continue." You will then be directed to enter your credit card. or bank account debit 

information. To use the bank account debit, you will need your bank routing number, account 

number, and check number. 

Should you elect to request a formal hearing, you must file a typewritten or legibly 

handwritten request for hearing with the hearing docket clerk at: Hearing Docket, Federal 

Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, 

Attention: Hearing Docket Clerk, AGC-430, Wilber Wright Building- Suite 2Wl000. You 

must also mail a copy of your request for hearing to the undersigned attorney at the address 

provided in the previous paragraph. 

Your request must be dated and signed, in accordance with Section 13.16 of the Federal 

Aviation Regulations (14 C.P.R. 13.16), a copy of which was sent to you with the Notice of 

Proposed Civil Penalty. 

Jeffrey A. Klang 

Regional Counsel 

BY A,z;l}~ Briana Martino 

Federal Aviation Administration 

Regional Counsel, AGL-7M 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Phone: (84 7) 294-7313 

Facsimile: (847) 294-7498 

4 Exhibit A-1 

Agency Response to Motion fa~ Exte~si?~ 
PILOT LAW, P.C. 

July 7, 2015 

VIA U.S. MAIL 

Hearing Docket, Federal Aviation Administration 

800 Independence Ave. S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wright Building 

Suite 2W1 000 

Re: Michelle Kraemer 

AGL-7M 2015 WA-91-0066 

Dear Docket Clerk, 

Brian]. Lawler 

Attorney 

Direct: 619.255.2398 

bhwler@pilodawcorp.com 

Please be advised that the undersigned represents Ms. Michelle Kraemer regarding the 

above-referenced Final Notice of Proposed Civil Penalty. Pursuant to 14 C.F.R. § 13 .16, 

please accept this letter as Mr. Kraemer's request for a formal hearing. 

Kindly address all correspondence relating to this matter to the undersigned. Thank 

you in advance for your cooperation. 

Best Regards, 

~~ Brian J. Lawler, Esq. 

Cc: Ms. Briana Martino, Esq. 

FAA Office of Regional Counsel 

2300 E. Devon Ave. 

(AGL-7, Room 479) 

Des Plaines, IL 60018 

1551 9-ru AVENUE • SAN DIEGO, CA • 92101 

PHONE: 866.512.2465 • FAX: 619.231.4984 

Exhibit A-2 

Agency Response to Motion fa~ Exte~si?~ 
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Ms. Briana Martino, Esq. 

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Des Plaines, IL 60018 

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From: 

To: 

Subject: 

Date: 

Martino, Briana (FAA) 

"Brian Lawler" 

RE: Miche!!e Kraemer, 2015-WA-91-0066 

Wednesday, July 08, 2015 2:47:00 PM 

Got it, thanks. We'll hear from DOT assigning the case and can go from there. I look forward to 

working with you, 

Briana Marf1no 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

' the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler [mailto:blawler@pilotlawcorp.com] 

Sent: Wednesday, July 08, 2015 2:20 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91-0066 

I should have been more clear, I sent both letters as set forth in the notice. Sorry .. let me 

know if you want a courtesy copy via as well. 

Brian J. Lawler 

Pilot Law, P.C. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawler@pilotlawcorp.com 

Sent from my Sprint phone. 

----- Reply message -----

From: Brjana.Martjno@faa.gov 

To: <blawler@pilotlawcorp.com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 12:15 PM 

Exhibit A-3 

Agency Response to Motion for Extension 

Page1 of3 
Sorry I missed your call. Take a look at the instructions for appealing in the notice. Ms. Kraemer's 

request actually needs to go to the Hearing Docket Clerk with a copy to me. Here is the 

information: 

Should you elect to request a formal hearing, you must file a typewritten or 

legibly handwritten request for hearing with the hearing docket clerk at: 

Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, 

SW., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, 

Wilber Wright Building- Suite 2W1000. You must also mail a copy of your 

request for hearing to the undersigned attorney at the address provided in 

the previous paragraph. 

Your request must be dated and signed, in accordance with Section 13.16 of 

the Federal Aviation Regulations (14 CF.R. 13.16), a copy of which was sent 

to you with the Notice of Proposed Civil Penalty. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public Please consult with 

the Office of Chief Counsel before disclosing any information contained in this emaiL 

From: Brian Lawler [mailto:blawler@pjlotlawcoro.com] 

Sent: Wednesday, July 08, 2015 2:08 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91-0066 

Ms. Martino, 

Thanks for the follow up note and Notice. I sent Ms. Kraemer's request for formal hearing 

to you yesterday but can email you a copy later if you like. 

I look forward to working with you on this case. 

Best, 

Brian J. Lawler 

Exhibit A~3 

Agency Response to Motion for Extension 

Page 2 of3 
Pilot Law, P.C. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawler@pilotlawcorp.com 

Sent from my Sprint phone. 

----- Reply message -----

From: Brjana Martjno@faa.gov 

To: <blawler@pilotlawcorp.com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 11:46 AM 

Dear Mr. Lawler, 

I received your voicemail dated July 7, 2015 stating you will be representing Ms. Kraemer. 

returned your call today, however, I believe you are out of the office through Friday. Please see 

attached Final Notice of Proposed Civil Penalty and feel free to contact me with any questions. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

Exhibit A-3 

Agency Response to Motion for Extension 

Page 3 of 3 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 13, 2015 

In Reply 

Refer to: 

CERTIFIED 

AGL-7M 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Re: Michelle Kraemer 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

E briana.martino@faa.gov 

p (847) 294-7313 

F (847) 294-7498 

FAA Case No.: 2015-WA-91-0066 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in Denver, Colorado, and expects that 

the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

23 00 East Devon A venue 

Des Plaines, IL 60018 

Sincerely, 

tgc;::}:f!:~>l ~{_/L 

Encl: Request for Hearing 

Complaint 

cc: Brian J. Lawler 

1551 9th Avenue 

San Diego, CA 92101 

Briana Martino 

Attorney 

Exhibit A-4 

Agency Response to Motion for Extension 

Page 1 of 9 
CERTITICATE OF SERVICE 

I hereby certifY that I have, this date, served the foregoing Complaint by mailing the following copies, 

Certified Mail (Retum Receipt Requested): 

Original and I Copy: 

One Copy: 

a Quiles 

Leg Technician 

FAA, Great Lakes Region 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2WIOOO 

Brian J. Lawler 

1551 9th Avenue 

San Diego, CA 92101 

Exhibit A~4 

Agency Response to Motion for Extension 

Page 2 of 9 
-- -· • • • ---.• ·-.- .·-·o.-,.-c.,-.··.···~·-• . .-.e=~,-,..-,.-~~--, .. •· . .,-.-.·.,-. _._..,-·.--·- ······.,-~ •••" ····· ··.-·-·-······ ···.-·····.·-c···-· ··.--.~' c-· . .-·.: .. --:·· ·-· 

U.S. DEPARTMENT OF TRANSPORTATION ' 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

Michelle Kraemer 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) 

FAA CASE NO. 2015-WA-91-0066 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), lJ.Ild states as follows: 

I. Facts 

1. Respondent now holds, and at all relevant times held, Flight Attendant Certificate 

Nun1ber 3281461. 

2. At all relevant times, Respondent was employed by Republic Airlines (Republic), 

aPart 119 certificate holder authorized to operate under Part 121 of the Federal 

Aviation Regulations. 

3. At all relevant times, Republic was the holder of Air Carrier Certificate Number 

R61A758X. 

4. At all relevant times, Republic had an Anti-drug and Alcohol Misuse Prevention 

Program in place in accordance with 14 C.F .R. Part 120. (Republic's Policy) 

5. An employee performing flight crewmember duties for Republic performs a safetysensitive function and is a covered employee subject to testing pursuant to 14 C.P.R. 

Part 120 and Republic's Policy. 

6. On or about February 14, 2011, Respondent acknowledged receipt and 

understanding of Republic's Policy. 

7. On January 16, 2015, Respondent was assigned to serve as a Flight Attendant (FA) 

on civil aircraft N508LX, on the following flights: 

Exhibit A-4 

Agency Response to Motion for Extension 

Page3of9 
a. Flight No. 4926 from Denver International Airport (DEN) to Eagle 

County Regional Airport (EGE); 

b. Flight No. 4946 from EGE to DEN; 

c. Flight No. 4946 from DEN to Wichita Dwight D. Eisenhower National 

Airport (ICT); 

d. Flight No. 4869 from ICT to DEN. 

8. Republic is authorized to operate the above aircraft, N508LX, in Part 121 air 

carrier service. 

9. On January 16, 2015, Respondent reported for duty to perform safety-sensitive 

functions, acting as a FA. 

10. Respondent performed safety-sensitive functions as a FA on all four of the above 

mentioned flights. 

11. During the final flight from ICT to DEN (the flight), Respondent made an 

announcement that was incoherent, inappropriate, and slurred. 

12. Concerned about your behavior, the Captain spoke to Respondent over the 

intercom and Respondent stated that Respondent was "back here partying and 

having fun" with Respondent's passengers. 

13. When asked about Respondent's behavior, the other Flight Attendant onboard 

N508LX reported to the Captain that Respondent was having trouble maintaining 

Respondent's balance and making coherent announcements. 

14. Respondent then also allowed a passenger to make a public announcement. 

15. The Captain notified Republic about Respondent's behavior. 

16. At 1755 MST, when N508LX arrived at DEN, Base Manager and Inflight 

Services Supervisor James Brickell met the Captain at the gate and the Captain 

notified Mr. Brickell about Respondent's behavior. 

17. Mr. Brickell boarded the aircraft and began a conversation with Respondent. 

18. Mr. Brickell observed Respondent's lack of balance and slurred speech and could 

also smell the odor of alcohol on Respondent's breath. 

19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated 

Employee Representative Terri Skowronek on his mobile phone and Ms. 

Skowronek requested to speak to Respondent on speakerphone. 

20. As Respondent denied that Respondent had been drinking, on speakerphone, Ms. 

Sko¥.'ronek heard Respondent slur her words. 

Exhibit A-4 

Agency Response to Motion for Extension 

Page4 of9 
21. Mr. Brickell and Ms. Skowronek agreed that there was cause to require a DOT 

reasonable suspicion alcohol test be performed on Respondent. 

22. Both Mr. Brickell and Ms. Skowronek were trained to make reasonable suspicion 

and cause determinations. 

23. Mr. Brickell escorted Respondent to his office to await testing. 

24. At 1835 MST, the Collector/Breath Alcohol Technician (BAT) arrived at Mr. 

Brickell's office. 

25. After arriving in Mr. Brickell's office, the BAT noted that she could smell the 

odor of alcohol, that Respondent's gait was uneven, and that Respondent had 

begun to urinate. 

26. Respondent submitted to a Breath Alcohol Test conducted by a certified BAT, 

utilizing Intoximeter RBT IV I Alco Sensor IV EBT device, serial number 009350, 

at 1839 MST on January 16, 2015. 

27. The results of that test indicated an alcohol concentration of .123 percent. 

28. After the initial test, the BAT advised Respondent that a confirmation test would be 

taken in 15 minutes, that Respondent was to remain in the room with the BAT, and 

that Respondent should not eat, drink, or belch. 

29. During the 15 minute wait period, the BAT observed Respondent "gurgling" or 

"suppressing a belch" and reminded Respondent not to eat, drink, or belch. 

30. Respondent then submitted to a confirmation test and the results indicated alcohol 

concentration of .211 percent at 1856 MST. 

31. By reason ofthe facts and circumstances set forth above, Respondent reported for 

duty and acted as a crewmember, which requires the perfonnance of safety-sensitive 

functions, when Respondent had a breath alcohol concentration of .04 or greater. 

II. Sanction 

By reason of the foregoing facts and circumstances, Respondent violated Section 

120.37(n) of the Federal Aviation Regulations. Pursuant to Title 49 of the United States Code, 

Section 46301 (49 U.S. C. §46301), Respondent is subjectto a civil penalty not to exceed 

$11 ,000 for each violation alleged. Under the facts and circumstances of this case, a civil 

penalty of$11,000 is appropriate. 

Exhibit A-4 

Agency Response to Motion for Extension 

Page 5 of 9 
WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that Respondent be assessed a civil penalty in the amount of$11,000. 

Respectfully submitted this 13th day ofJuly, 2015. 

Briana Martino 

Attorney, AGL-7M 

i 

! j ~· 

·~ttc:· 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

E: briana.martino@faa.gov 

P: (847) 294-7313 

F: (847) 294-7498 

Exhibit A-4 

Agency Response to Motion for Extension 

Page 6 of 9 
u.s. Department 

of TransportaTion 

Federal Aviation 

Administration 

July 13,2015 

In Reply 

Refer to: 

CERTIFIED 

AGL-7M 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Re: Michelle Kraemer 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

E briana.martino@faa.gov 

p (847) 294-7313 

F (847) 294-7498 

FAA Case No.: 2015-WA-91-0066 

' 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in Denver, Colorado, and expects that 

the hearing will last two days. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Sincerely, 

\,gc;;;:t{!~~l ~{>~ 

Encl: Request for Hearing 

Complaint 

cc: Brian J. Lawler 

1551 91

h Avenue 

San Diego, CA 92101 

Briana Martino 

Attorney 

Exhibit A-4 

Agency Response to Motion for Extension 

Page 1 of 9 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing Complaint by mailing the following copies, 

Certified Mail (Retum Receipt Requested): 

Original and I Copy: 

One Copy: 

Yo! 

Leg Technician 

FAA, Great Lakes Region 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-43 0, Wilber Wright Building 

Suite 2W1000 

Brian J. Lawler 

1551 9th Avenue 

San Diego, CA 92101 

Exhibit A~4 

Agency Response to Motion for Extension 

Page 2 of 9 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, D.C. 

IN THE MATTER OF 

Michelle Kraemer 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) ,, 

FAA CASE NO. 2015-WA-91-0066 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. Facts 

1. Respondent now holds, and at all relevant times held, Flight Attendant Certificate 

Nun1ber 3281461. 

2. At ali relevant times, Respondent was employed by Republic Airlines (Republic), 

a Part 119 certificate holder authorized to operate under Part 121 ofthe Federal 

Aviation Regulations. 

3. At all relevant times, Republic was the holder of Air Carrier Certificate Number 

R61A758X. 

4. At all ' relevant times, Republic had an Anti-drug and Alcohol Misuse Prevention 

Program in place in accordance with 14 C.P.R. Part 120. (Republic's Policy) 

5. An employee performing flight crewmember duties for Republic performs a safetysensitive function and is a covered employee subject to testing pursuant to 14 C.F .R. 

Part 120 and Republic's Policy. 

6. On or about February 14, 2011, Respondent acknowledged receipt and 

understanding of Republic's Policy. 

7. On January 16,2015, Respondent was assigned to serve as a Flight Attendant (FA) 

on civil aircraft N508LX, on the following flights: 

Exhibit A·4 

Agency Response to Motion for Extension 

Page3of9 
a. Flight No. 4926 from Denver International Airport (DEN) to Eagle 

County Regional Airport (EGE); 

b. Flight No. 4946 fromEGE to DEN; 

c. Flight No. 4946 from DEN to Wichita Dwight D. Eisenhower National 

Airport (ICT); 

d. Flight No. 4869 from ICT to DEN. 

8. Republic is authorized to operate the above aircraft, N508LX, in Part 121 air 

carrier service. 

9. On January 16, 2015, Respondent reported for duty to perform safety-sensitive 

fimctions, acting as a FA. 

l 0. Respondent performed safety-sensitive fimctions as a FA on all four of the above 

mentioned flights. 

ll. During the final flight from ICT to DEN (the flight), Respondent made an 

announcement that was incoherent, inappropriate, and slurred. 

12. Concerned about your behavior, the Captain spoke to Respondent over the 

intercom and Respondent stated that Respondent was "back here partying and 

having fim" with Respondent's passengers. 

13. When asked about Respondent's behavior, the other Flight Attendant onboard 

N508LX reported to the Captain that Respondent was having trouble maintaining 

Respondent's balance and making coherent announcements. 

14. Respondent then also allowed a passenger to make a public announcement. 

15. The Captain notified Republic about Respondent's behavior. 

16. At 1755 MST, when N508LX arrived at DEN, Base Manager and Inflight 

Services Supervisor James Brickell met the Captain at the gate and the Captain 

notified Mr. Brickell about Respondent's behavior. 

17. Mr. Brickell boarded the aircraft and began a conversation with Respondent. 

18. Mr. Brickell observed Respondent's lack ofbalance

1

and slurred speech and could 

also smell the odor of alcohol on Respondent's breath. 

19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated 

Employee Representative Terri. Skowronek on his mobile phone and Ms. 

Skowronek requested to speak to Respondent on speakerphone. 

20. As Respondent denied that Respondent had been drinking, on speakerphone, Ms. 

Skowronek heard Respondent slur her words. 

Exhibit A-4 

Agency Response to Motion for Extension 

Page4of9 
21. Mr. Brickell and Ms. Skowronek agreed that there was cause to require a DOT 

reasonable suspicion alcohol test be performed on Respondent 

22. Both Mr. Brickell and Ms. Skowronek were trained to make reasonable suspicion 

and cause determinations. 

23. Mr. Brickell escorted Respondent to his office to await testing. 

24. At 1835 MST, the Collector/Breath Alcohol Teclrnician (BAT) arrived at Mr. 

Brickell's office. 

25. After arriving in Mr. Brickell's office, the BAT noted that she could smell the 

odor of alcohol, that Respondent's gait was uneven, and that Respondent had 

begun to urinate. 

26. Respondent submitted to a Breath Alcohol Test conducted by a certified BAT, 

utilizing Intoximeter RBT IV/Alco Sensor IV EBT device, serial number 009350, 

at 1839 MSTonJanuary 16,2015. 

27. The results of that test indicated an alcohol concentration of .123 percent 

28. After the initial test, the BAT advised Respondent that a confirmation test would be 

talc en in 15 minutes, that Respondent was to remain i!f the room with the BAT, and 

that Respondent should not eat, driulc, or belch. 

29. During the 15 minute wait period, the BAT observed Respondent "gurgling" or 

"suppressing a belch" and reminded Respondent not to eat, drink, or belch. 

30. Respondent then submitted to a confirmation test and the results indicated alcohol 

concentration of .211 percent at 1856 MST. 

31. By reason of the facts and circumstances set forth above, Respondent reported for 

duty and acted as a crewmember, which requires the performance of safety-sensitive 

functions, when Respondent had a breath alcohol concentration of .04 or greater. 

II. Sanction 

By reason of the foregoing facts and circumstances, Respondent violated Section 

120.37(n) of the Federal Aviation Regulations. Pursuant to Title 49 of the United States Code, 

Section 46301 ( 49 U.S.C. §46301 ), Respondent is subject to a civil penalty not to exceed 

$11,000 for each violation alleged. Under the facts and circumstances of this case, a civil 

penalty of$11,000 is appropriate. 

Exhibit A~4 

Agency Response to Motion for Extension ~-

Page5of9 
WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that Respondent be assessed a civil penalty in the amount of$11,000. 

Respectfully submitted this 13111 day of July, 2015. 

Briana Martino 

Attorney, AGL-7M 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

E: briana.martino@faa.gov 

P: (84 7) 294-7313 

F: (847) 294-7498 

Exhibit A~4 

Agency Response to Motion for Extension 

Page6of9 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Original and One Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building I 

Suite 2WI 000 

Brian J. Lawler 

1551 9th Avenue 

San Diego, CA 92101 

Dated this 13th day of July, 2015 

Yo! a Quiles 

Leg echnician 

FAA, Great Lakes Region 

Exhibit AM4 

Agency Response to Motion for Extension 

Page 7 of 9 
. ···-~·-··:·:";;";~.,.-~-------. ,,__ 

PILOT LAW, P.C:. 

July 7, 2015 

VIA U.S. MAIL 

Hearing Docket, Federal Aviation Administration 

800 Independence Ave. S.W. 

Waslrington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wright Building 

Suite 2W1000 

Re: Michelle Kraemer 

AGL-7M 2015WA-91-0066 

Dear Docket Clerk, 

Brian J. Lawler 

Attorney 

Ditect: 619.255.2398 

blawler@pilofuwcotp.com 

;:.-~1~-~~ I~~~ rs ~~·f:~:.' : I I .---- ---- L~ I I 

· ::: ' . II ! i \ • j ' '!) 

i , ! JUL 1 0 2015 ~~.// 

O!"FkE OF RE'21G\li\L COUNSEL I ·---· ~\(!t:::J .J 

Please be advised that the undersigned represents Ms. Michelle Kraemer regarding the 

above-referenced Final Notice of Proposed Civil Penalty. Pursuant to 14 C.F.R. § 13 .16, 

please accept this letter as Mr. Kraemer's request for a formal hearing. 

Kindly address all correspondence relating to this matter to the undersigned. Thank 

you in advance for your cooperation. 

Best Regards, 

~~- Brian J. Lawler, Esq. 

Cc: Ms. Briana Martino, Esq. 

FAA Office of Regional Counsel 

2300 E. Devon Ave. 

(AGL-7, Room 479) 

Des Plaines, IL 60018 

1551 9TH AVENUE • SAN DIEGO, CA • 92101 

PHONE: 866.512.2465 • FAX: 619.231.4984-

Exhibit A-4 

Agency Response to Motion for Extension 

Page 8 of 9 
From: 

To: 

Subject: 

Date: 

Attachments: 

Mr. Lawler, 

Martino, Briana (FAA) 

"Brjao Lawler" 

RE: Michelle Kraemer, 2015-WA-91-0066 

Monday, July 13, 2015 2:11:00 PM 

Kraemer Michelle 2015-WA91-0066 Complaint 7.13.15.pdf 

Please see attached mailed out today. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Martino, Briana (FAA) 

Sent: Wednesday, July 08, 2015 2:47 PM 

To: 'Brian Lawler' 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Got it, thanks. We'll hear from DOT assigning the case and can go from there. I look forward to 

working with you, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

_L 

From: Brian Lawler [mailto:blawler@pilotlawcorp.com] 

Exhibit A-4 

Agency Response to Motion for Extension 

Page9of9 
From: 

To: 

Subject: 

Date: 

Briana/ 

Got it, thanks. 

Brian 

Brian Lawler 

Martino Briana {FAA) 

RE: Michelle Kraemer, 2015-WA-91-0066 

Monday, August 03, 2015 3:37:45 PM 

Brian J. Lawler, Esq. 

Pilot Law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (dir) • 619.231.4984 (fax) 

blawler@pilotlawcoro.com 

www.pilotlawcoro.com • Facebook • Linked in • Twitter 

··rhis e-mail 1nessage .is confi!.!ential1 im:t~ndcd only fo.r the named mH.l nu.ty cont!.J.in infonn;.;tion 

that is cornmun.icatiotlB, aHort.;ey work or exernpt d.i.sc.l.osure 

.appLk.able law~ If yon are not the intended are -notified that the disserninndon, rlisttil::w.don) 

o_r of this tnt::ssagc i.s strictly In <.tdd.ition} delete ox ali 

or HCtB.i.ons you have of this nu:s(o)agc and 

}')revent a.ny· further inadvertent disdoinu:cs. anyone other than the .nar.ncd .tedpient(s) 1<> not a 

W'd.h··er of ;.my ~-w:oxney-client, work produ-ct, or other applicable Th;&nk ymto 

From: Briana.Martino@faa.gov [mailto:Briana.Martino@faa.gov] 

Sent: Monday, August 03, 2015 11:54 AM 

To: blawler@pilotlawcorp.com 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Brian, 

Please see releasable portions of EIR attached. I reduced file size to be able to email. However, if 

the file is still too large, I can email you a disc. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contair\ed in this email. 

Exhibit A-5 

Agency Response to Motion for Extension 

Page 1 of3 
From: Martino, Briana (FAA) 

Sent: Monday, August 03, 2015 1:47PM 

To: 'Brian Lawler' 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Please see releasable portions of EIR attached. If the file is too large, I can email you a disc. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler [mailto:blawler@pilotlawcorp.com] 

Sent: Wednesday, July 29, 2015 2:12 PM 

To: Martino, Briana (FAA) 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Thank you very much. 

Brian J. Lawler, Esq. 

Pilot Law, P-C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (dir) • 619.231.4984 (fax) 

blawler@pjlotlawcoro.com 

www.pilotlawcorp.com • Facebook • Linked In • Twitter 

This c-rnail m.cssagc is confidenti>1l, intended only for the .named rctipi.cnt(s) an.d coJttaill .inforr:o.atlon 

that .i.s co.rn.municati-tmsj attorney \Votk or t:xempt ftoil.J. disclosure mtder 

ap;plh.:able law. I.f you are ·not the i .. ntct.K.led you Me notified rhat rhc d.i.sserr.lination~ distrihuti.o:n, 

ot of this message 8trkt1y addition, pk-<:1se delete or ::ill 

or vexsions y-ou have oflhis rncssage anx:J sender at (619) 255-2393 in ordc.rthat "\VC rnay take 1.0 

p.tcven.t any futthc.r inadvertent disclosures. anyone othct than the narned rccipicm(e) is not a 

w;lJycr of any work Thank you. 

From: Briana.Martino@faa.gov [mailto:Briana.Martino@faa.gov] 

Sent: Wednesday, July 29, 2015 12:08 PM 

To: blawler@pilotlawcoro.com 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Exhibit A-5 

Agency Response to Motion for Extension 

Page2of3 
Brian, 

I'll have my secretary copy the file for you and hopefully have it to you early next week. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler [maHto:blawler@p"ilotlawcorp.com] 

Sent: Wednesday, July 29, 2015 1:57PM 

To: Martino, Briana (FAA) 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Briana, 

Is there a releasable portion of your Enforcement Investigation Report (EIR) that we are entitled 

to? I know that this procedure exists in the NTSB Airman Certificate enforcement process and 

we're entitled to the EIR there, but cannot find anything one way or the other in 14 CFR Section 13 

regarding our proceeding. 

Best, 

Brian 

Brian J. Lawler, Esq. 

Pilot law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (dir) • 619.231.4984 (fax) 

blawler@pjlotlawcoro.com 

www.pilotlawcorp.com • Facebook • Linked In • Twjtter 

This e-.mai! mtssage is co:nfidemial1 intended only fot the .and nt;xy cot'.Jb.1.in infonnation 

that is ~.lttomey-dicnt conn-nunicadons, a.ttorntcy wmk or exe-rnpt fror:n disdosutc u.nder 

"PIPll<'""'" Ia\Y, H you arc not the intended you nor.ificd lh:ikt the dissen1inathm, disu·ihmhm? 

OJ' of this message is strictly prohibited. In addition, im.mediatcly ddcte aU copies 

o_r -vc.ndons you have of this message and notify· the sender at 255-2.393 in order thar we n-.1\y take steps to 

prevent any further inadvt\rtent disclosures. hy ;,myone other than the nan1ed is not a 

wai'v'et of any -;q)r.k or othe:r applkabh-: privilege. Thank you, 

Exhibit A-5 

Agency Response to Motion for Extension 

Page3of3 
From: 

To: 

Subject: 

Date: 

Briana/ 

Got it, thanks. 

Brian 

Brian Lawler 

Martino Briana CFAA) 

RE: Michelle Kraemer, 2015-WA-91-0066 

Monday, August 03, 2015 3:37:45 PM 

Brian J. Lawler, Esq. 

Pilot law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (dir) • 619.231.4984 (fax) 

blawler@pilotlawcorp.com 

www.pilotlawcorp.com • Facebook • linked In • Twitter 

'This e-rn;.:til rnessage is confidcnti.al.1 intended for the nam_cd MH.i n:u.1y contain infonru.1tion 

th~n is c.o-n.ununi-cations.J ntto:rm:-y work or ex;;:rnpt frot:n tiisc.!osure untkf 

aP'pmcaooo law. If you ate nor the intt~ndcd :n:o ... ~lpient(s) 1 you arzc twtHicd that the dieseonirroion, 

ox of this meBsagc is In add.ition, delete of de;tt!lV 

ot vet·l:lions you have of this rnessage and the sctH.kr .at 255-2398 in order tbn steps to 

p.revtmt Kn.y further il.'UHlvt~:ttent d.isdosnres. Receipt by an_yun-t": othe.t than tHe mu.ned reciJTirrrt(s) 

wH.iver of any attorney-dicnt) svork ptoduct1 other Than]; yon. 

From: Briana.Martino@faa.gov [mailto:Briana.Martino@faa.gov] 

Sent: Monday, August 03, 2015 11:54 AM 

To: blawler@pilotlawcorp.com 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Please see releasable portions of EIR attached. I reduced file size to be able to email. However, if 

the file is still too large, I can email you a disc. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

Exhibit A-5 

Agency Response to Motion for Extension 

Page 1 of3 
From: Martino, Briana (FAA) 

Sent: Monday, August 03, 2015 1:47PM 

To: 'Brian Lawler' 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Brian, 

I 

Please see releasable portions of EIR attached. If the file is too large, I can email you a disc. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler [mailto:blawler@ojlotlawcoro.com] 

Sent: Wednesday, July 29, 2015 2:12PM 

To: Martino, Briana (FAA) 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Thank you very much. 

Brian J. Lawler, Esq. 

Pilot Law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (dir) • 619.231.4984 (fax) 

blawler@pilotlawcom.com 

www.pilotlawcom.com • Facebook • Linked In • Twitter 

This e-mail rncss~.tgc is confidential, intended for the nar.ned may contain inforr.natlnn 

that .is p.tivileged cnmrnunkmions1 aW;tne:y wotk ot from discJosure mH.l.t:t 

apj[JIH.:aDic h1w. If ;,uc not the intended you ,-;n.; notified that the diss-ei'ni.nati.on, distribution, 

ot copying of thh; m.essage is ln. additi.m1, ple~se ddetc or aH 

or versions you have of this rnessage and the sender (619} 255-2398 in ordt:t that we n1ay bJ.ke steps to 

ptevent any fu.tthet i.nadYettenr disclosures. anyune other tban the narned nut 

'\Yaivcr of any attorney-client, \YOrk product} or other Thanl.z you" 

From: Briana.Martino@faa.gov [mailto:Briana.Martino@faa.gov] 

Sent: Wednesday, July 29, 2015 12:08 PM 

To: blawler@pilotlawcoro.com 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Exhibit A-5 

Agency Response to Motion for Extension 

Page 2 of3 
I'll have my secretary copy the file for you and hopefully have it to you early next week, 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public Please consult with 

the Office of Chief Counsel before disclosing any information contained in this emaiL 

From: Brian Lawler [maHto:blawler@pilo~awmm mm] 

Sent: Wednesday, July 29, 2015 1:57PM 

To: Martino, Briana (FAA) 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Briana, 

Is there a releasable portion of your Enforcement Investigation Report (EIR) that we are entitled 

to? I know that this procedure exists in the NTSB Airman Certificate enforcement process and 

we're entitled to the EIR there, but cannot find anything one way or the other in 14 CFR Section 13 

regarding our proceeding, 

Best, 

Brian 

Brian J, Lawler, Esq, 

Pilot Law, P.C, • 1551 9th Avenue • San Diego, CA 92101 

866512,2465 (tel) • 619,255,2398 (dir) • 619,231,4984 (fax) 

blaw!er@pilotlawcorp,com 

www.pilotlawcorp com • Eacebook • Linked In • Twitter 

"fhis e-rnail .message is confidem:ial., intended 

that is cnrnnmnications, :lttorn~:y 

applicable la.\Y, If you arc not the intended reccioirnc(sl 

pnnnrrr, or exempt from d.isc!osure tmd<-•r 

nor.ifkd that the disscmination 1 distdl:mr.ion 1 

or copying of this message i_s imnl<:dicccly delete or 

or verskms you hav-e of this message and 

prevent any funhcr inadvertent disclosures. ReceijJt the n:amed recipiem:(s) is 

steps 

a 

w~ivcr of any ;-HW:rnt~y-clicnt, work amJl.ir'ob.le p.tiviic:ge. ThaJlk you. 

Exhibit A-5 

Agency Response to Motion for Extension 

Page3of3