. _, 

SERVED: AUGUST 26, 2013 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

) 

Docket No. FAA-2012-0477 

LIBERTY 

FOUNDATION, INC. 

Respondent 

Case No. 2011 GL-03,.0070 

ORDER GRANTING RESPONDENT'S 

MOTION TO REVISE THE LITIGATION SCHEDULE 

AND GRANTING OTHER REQUESTED RELIEF 

On August 7, 20 13 the Respondent filed Respondent's Motion to Stay or Revise 

Scheduling Order due to New Allegations in Complainant's Amendment to Complaint, 

[Motion] to Allow Respondent to Take Discovery on the New Issues Raised in the 

Complaint, [Motion] to Order Complainant to Disclose its Witnesses and Documents 

Related to the Amendment, and [Motion] to Stay the Requirement to Answer the 

Amendment Pending Resolution of this Motion. 

On August 9, 2013 an Order Temporarily Granting Respondent's Motion to Stay 

Time to File Answer and Reserving Ruling on Other Requested Relief as filed. 

On August 26,2013 the FAA filed a Motion for Summary Judgment. 

On August 17, 2013 the FAA filed a Response in Opposition to Respondent's 

Discovery Motion. 

On August 19,2013 the Respondent contacted the Office of Hearings (OH) 

clerical staff by telephone and requested a short-set telephonic Motion Conference. On 

August 20, 2013 the OH staff contacted the Respondent twice by telephone to confirm 

that a short-set telephonic Motion Conference would be set for Friday, August 26, 2013 

at 11 :OOam ET. 

On August 20, 2013 the Respondent filed Respondent's Motion for Enlargement 

ofTime to Respond to FAA's Motion for Summary Judgment. 

On Friday, August 23, 2013 at 11 :OOam ET, the parties appeared by telephone for 

a short-set Motion Conference to discuss the Respondent's four motions filed on August 

7, 2013, and the Respondent's one additional motion filed on August 20,2013. During 

this Conference, the FAA agreed to present an oral argument on the Respondent's August 
20, 2013 Motion in lieu of filing a written response on/before August 30, 2013. In 

addition, the Respondent provided a new service address. 

Pursuant to 14 C.P.R. §§13.213-218 and 14 C.P.R. §13.220, and after reviewing 

all relevant caselaw, decisions, regulation, statutory authority, motions, pleadings, and 

being fully advised, this administrative tribunal issued oral rulings on all five Respondent 

motions at the conclusion of the August 23, 2013 Motion Conference. This written Order 

codifies those oral rulings. 

IT IS HEREBY ORDERED: 

1. The Respondent's Motion to Stay or Revise Scheduling Order due to New 

Allegations in Complainant's Amendment is granted. A separate litigation order 

will issue, codifying the new procedural and litigation dates. 

2. The Respondent's Motion to Allow Respondent to Take Discovery on the New 

Issues Raised in the Complaint is granted. The separate litigation order will 

provide deadlines for such limited discovery. · 

3. The Respondent's Motion to Order Complainant to Disclose its Witnesses and 

Documents Related to the Amendment is granted. The FAA's completion of this 

disclosure, during the August 23, 2013 Motion Conference, is hereby noted. 

4. The temporary stay granted to the Respondent by the August 9, 2013 Order 

Temporarily Granting Respondent's Motion to Stay Time to File Answer and 

Reserving Ruling on Other Requested Relief is lifted. 

5. On or before September 13, 2013 the Respondent shall file an Amended Answer 

to the FAA's Amended Complaint. 

6. The Respondent's Motion for Enlargement of Time to Respond to FAA's Motion 

for Summary Judgment is granted. The separate litigation order will provide 

deadlines for the new summary judgment dates. 

Attachment: Service List 
------------------......... 

FDMS No. FAA-2012-0477 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 1 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

ONE COPY 

Mr. Christopher Stevenson, Esq. 

Complainant's Counsel 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Stuart A. Goldstein, Esq. 

Respondent's Counsel 

Stuart A. Goldstein, P.A. 

9350 South Dixie Highway, lOth Floor 

Miami, FL 33156 

TEL: 305-670-1222 

FAX: 305-670-7065 

Judge J.E. Sullivan 

U S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

New Address as of912113 

Stuart A. Goldstein, P.A. 

7300 North Kendall Drive, Ste 380 

Miami, FL 33156 

TEL: 305-670-1222 

FAX: 305-400-0685 

1 

Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 

2WI 000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.