### 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 ofTime 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 ofPractice set forth in 14 C.F.R. 

### Part 13, Subpart G, ofthe 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 ofits 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. ExhibitA-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. ExhibitA-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. ExhibitA-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 ofthe complaint. 6. Moreover, "failure to file an answer without good cause shall be deemed an admission of the truth ofeach 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 ofthe Complaint
...[and] failure to file an Answer without good cause is deemed
an admission ofeach allegation inthe 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. I0. Respondent Counsel states he returned to the country and received actual notice of the Complaint onJuly 27,2015, with 16 days left to file a timely answer.

2

### 11. On July 29, 2015, Respondent Counsel requested the releasable portions ofthe Agency's Enforcement Investigation Report (EIR), which the Agency provided on August 3, 2015, all via email. ExhibitA-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 ofthe 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 ofthe t.•uth of each allegation contained in the complaint." Again, the regulations permit no lenience absent a showing ofgood 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 ofthe regulations and should have been anticipated that the Agency would file its Complainant and, therefore, an Answer would be required. Respondent Counsel's lack ofpresence in the country until July 27, 2015 does notjustify 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 ofthe Administrator's precedent, See, e.g., In the Matter of DonaldM 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 lawjudge granting a motion on the pleadings when an answer to a complaint is untimely filed (coupled with the absence ofgood
cause for the failure ofa 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 suchthat any reduction ofthe 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 ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey 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 ofAugust, 2015 

# C\)

# .c6{ ((;\DA0 Great Lakes Legal Technician

6 

### Regular Mail & 

### Facsimile

Regular Mail & 

### Facsimile

Regular Mail & 

### FacsimileU. S. Department ofTransportation Federal Aviation Administration 

### June 22, 2015 InReply Refer to: AGL-7M 2015-WA-91-0066 GreatLakes Region 2300 EastDevon Avenue Des Plaines, Illinois 60018-4696



### Area Code 847 294-7313 

### REGULAR & 

### CERTIFIED -RETURN RECEIPT REQUESTED TO: Michelle Kraemer 9881 Jasper Drive Commerce City, CO 80022-9899
FINALNOTICE OF PROPOSED CIVIL PENALTY OnApril15, 2015, youwere advised through a Notice ofProposed CivilPenalty that the FAA proposedto assess a civil penalty against youinthe amount of$11,000. As ofthis date, we have receivedno response to thisNotice. Therefore, after consideration of all ofthe available information, ithas beendetermined that: 1. You nowhold, and at all relevanttimes held, Flight Attendant Certificate Number 3281461. 2. At all relevanttimes, you were employedbyRepublic Airlines (Republic), a Part 119 certificateholder authorizedto operate underPart 121 ofthe Federal AviationRegulations. 3. At allrelevanttimes, Republic was theholder ofAir Carrier Certificate NumberR61A758X. 4. At all relevant times, Republic hadanAnti-drug and AlcoholMisuse Prevention Program inplace inaccordance with 14 C.F.R. Part 120. (Republic's Policy) 5. An employee performingflight crewmember duties for Republic performs a safety-sensitive function and is a covered employee subjectto testing pursuantto 14 C.F.R. Part 120 andRepublic's Policy. 6. On or about February 14,2011,you acknow1edgedreceipt and understanding of Republic's Policy. 7. On January 16, 2015, you were assignedto serve as a FlightAttendant (FA) on ExhibitA- 1 

### civil aircraftN508LX, on thefollowing flights: Agency Response to Motion**fo~ Exte~si?~** 

### a. FlightNo. 4926 from Denver International Airport (DEN) to Eagle CountyRegional Airport (EGE); b. FlightNo. 4946 from EGEto DEN; c. FlightNo. 4946 from DEN 

### to Wichita DwightD. Eisenhower National Airport (lCT); d. FlightNo. 4869 from ICT to DEN. 8. Republic is authorizedto operatethe above aircraft, N508LX, inPart 121 air carrier service. 9. OnJanuary 16, 2015, youreported for duty

### to perform safety-sensitive functions, acting as a FA. 10. You performed safety-sensitive functions as a FA on all four ofthe above mentioned flights. 11. During the final flight from ICT to DEN (the flight), youmade anannouncement thatwas

### incoherent, inappropriate, and slurred. 12. Concerned about yourbehavior, the Captain spoke to you over the intercom and you stated thatyou were "backhere partying and having fun" with your passengers. 13. When asked about your behavior, the otherFlightAttendant onboardN508LX reported to the Captain that you were having trouble maintaining your balance and making coherent announcements. 14. You then also allowed a passengerto make a public announcement. 15. The Captainnotified Republic about your behavior. 16. At 1755 MST, whenN508LX arrived at DEN, Base Manager and Inflight Services Supervisor James Brickell metthe Captain atthe gate and the Captain notified Mr. Brickell about your behavior. 17. Mr. Brickell boarded the aircraft and began a conversationwithyou. 18. Mr. Brickell observed your lack ofbalance and slurred speech and could also smell the odor ofalcohol onyourbreath. 19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated Employee Representative Terri Skowronek onhis mobile phone and Ms. Skowronekrequested to speakto youon speakerphone. 20. As you denied that youhad been drinking, on speakerphone, Ms. Skowronek heard you sluryour words. 21. Mr. Brickell and Ms. Skowronek agreed thatthere 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 trained 1



### ·~:lnake reasonable suspicion and cause determinations. 23. 

### Mr. Brickell escorted you to his officeto 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 BATnoted that she could smellthe odor ofalcohol, thatyour gait was uneven, and that youhadbegunto urinate. 26. You submitted to a BreathAlcohol Test conductedby a certifiedBAT, utilizing Intoximeter RBT IV

### I Alco SensorIV EBT device, serial number 009350, at 1839 MST onJanuary 16,2015. 27. Theresults ofthattestindicated analcohol concentration of.123 percent. 28. Aftertheinitial test, the BAT advised youthat a confirmationtestwouldbetaken in 15 minutes, thatyou were to remain inthe roomwiththe BAT, andthatyou shouldnot eat, 

### drink, orbelch. 29. Duringthe 15 minute waitperiod, the BAT observed you "gurgling" or "suppressing a belch" andreminded younotto eat, drink, orbelch. 30. Youthen submitted to a confirmationtestand the results indicated alcohol concentrationof.211 percent at 1856 MST. 31. Byreason ofthe facts andcircumstances setforth above, youreportedfor duty and acted as a crewmember, whichrequirestheperformanceofsafety-sensitive functions, whenyouhada breath alcohol concentrationof.04 or greater. Byreason ofthe foregoing circmnstances, ityou violated the following Federal Aviation Regulation: 

### 14 C.F.R. § 120.37(n) whichprovides thatno coveredemployee shall report for duty orremainon dutyrequiring the performance ofsafety-sensitive functions while having an alcohol concentration of0.04 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 civilpenaltynotto exceed $10,000 for each violation ofthe regulations. Therefore, byreason ofthe foregoing facts and circumstances, wepropose to assess a civilpenaltyinthe amount of

### $11,000. Within fifteen (15) days after your receiptofthis FinalNotice ofProposed Civil Penalty, you must elect to either submitthe full civil penalty amount of$11,000 orrequest a formal hearing. Ifyoufail to respond with one ofthese alternatives, an Order Assessing Civil Penalty, requiringpayment ofthe full amount ofthe proposed civil penalty, will be issued. Shouldyou electto submit the civil penalty, please mail or deliver a certified check ormoney order, payableto the Federal AviationAdministration, Office ofRegional Counsel, 2300 East DevonAvenue (AGL-7, Room 479), Des Plaines, Illinois 60018. 3 Exhibit A-1 Agency Response to Motion for Extension

....

**~** 

# -.

### Inthe alternative, you may pay your civil penalty with a credit card, or a bank account debit, overtheInternet. To pay electronically, visit the web site athttps://www.pay.gov. Underthe SearchPublicForms option, type in "FGL-FINEl." Click on "CivilPenalty PaymentsGreatLakes Region". Youmustthencomplete the requested information and click "Continue." Youwill then be directedto enter your credit card.or bank account debit information. To use the bank account debit, youwill needyour bankrouting number, account number, andchecknumber. Shouldyouelectto 

### request a formal hearing, you must file a typewritten or legibly handwritten request for hearing withthe 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 acopy ofyour request for hearing to the undersigned attorney at the address provided intheprevious paragraph. Your requestmust be dated and signed, in accordance with Section 13.16 ofthe Federal Aviation Regulations (14 C.P.R. 13.16), a copy ofwhichwas sent to you with theNotice of Proposed CivilPenalty.

Jeffrey 

### A. Klang Regional Counsel



### BY



# A,z;l}~ BrianaMartino Federal Aviation Administration Regional Counsel, AGL-7M 2300 EastDevonAvenue Des Plaines, IL 60018 Phone: (847) 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, FederalAviationAdministration 800 IndependenceAve. S.W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430 WilberWright Building Suite 2W1000 Re: 

### Michelle Kraemer AGL-7M 2015 WA-91-0066 DearDocket 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 acceptthis 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,



# ~~

BrianJ. Lawler, Esq. Cc: Ms. BrianaMartino, Esq. FAA Office ofRegional Counsel 2300 E. DevonAve. (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

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I iFrom: 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 ofthe agency deliberative process, or attorney-work product, all ofwhich 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 of3Sorry 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 ofthe agency deliberative process, or attorney-work product, all ofwhich 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 of3Pilot 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 ofthe 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 ofthe agency deliberative process, or attorney-work product, all ofwhich 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 3U.S. Department of Transportation Federal Aviation Administration July 13, 2015 In Reply

Refer to:
CERTIFIED AGL-7M

Hearing Docket Federal AviationAdministration 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 herewithplease find a copy ofa requestfor hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAArequests that the hearing inthis matterbe held inDenver, Colorado, and expects that the hearing will lasttwo days. Please address all communications for the FAAto the undersigned,at: Federal Aviation Administration Regional Counsel (AGL-7) 2300 EastDevonAvenue Des Plaines, IL 60018 Sincerely,



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

Encl: Request for Hearing Complaint
cc: Brian J. Lawler 1551 9th Avenue SanDiego, CA 92101 BrianaMartino Attorney

Exhibit A-4 Agency Response to Motion for Extension Page 1 of 9CERTITICATE OF SERVICE
I hereby certifY thatI have, this date, served the foregoing Complaintby mailing the following copies, CertifiedMail (RetumReceiptRequested): Original and I Copy:

One Copy:

a Quiles Leg Technician FAA, GreatLakes Region Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber WrightBuilding Suite 2WIOOO
BrianJ. Lawler 1551 9th Avenue San Diego, CA92101

Exhibit

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## ' U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THEMATTER OF Michelle Kraemer FAADOCKETNO. (not assigned) (Civil Penalty Action) DMS NO. (not assigned) FAA CASENO. 2015-WA-91-0066
COMPLAINT The FederalAviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), lJ.Ild states as follows: 

### I. Facts 1. Respondent nowholds, and at all relevanttimes held, FlightAttendant Certificate Nun1ber 3281461. 2. At all relevanttimes, Respondent was employed byRepublic Airlines (Republic), aPart 119 certificate holder authorizedto operate under Part 121 ofthe Federal Aviation Regulations. 3. At all relevant times, Republic was the holder ofAir Carrier Certificate Number R61A758X. 4. Atall relevanttimes, Republichad anAnti-drug andAlcohol Misuse Prevention Program inplace inaccordance with 14 C.F.R. Part 120. (Republic's Policy) 5. 

### Anemployee performing flight crewmemberduties for Republicperforms a safetysensitive function andis a covered employee subjectto testingpursuant 

### to 14 C.P.R. Part 120 and Republic's Policy. 6. On or aboutFebruary 14, 2011, Respondent acknowledgedreceipt and understanding ofRepublic's Policy. 7. OnJanuary 16, 2015,Respondent was assigned to serve as a FlightAttendant (FA) on civil aircraftN508LX, on the following flights:

Exhibit A-4 Agency Response to Motion for Extension Page3of9

### a. FlightNo. 4926 from Denver International Airport (DEN) to Eagle County Regional Airport (EGE); b. FlightNo. 4946 from EGE to DEN; c. FlightNo. 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. OnJanuary 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 ofthe above mentioned flights. 11. During the final flight from ICT to DEN (the flight), Respondentmade an announcementthatwas incoherent, inappropriate, and slurred. 12. Concerned about yourbehavior, the Captain spoke to Respondent over the intercom and Respondent stated that Respondent was "backhere partying and having fun" with Respondent's passengers. 13. When asked about Respondent's behavior, the other Flight Attendant onboard N508LX reported to the Captainthat Respondent was havingtrouble maintaining Respondent's balance and making coherent announcements. 14. Respondent then also allowed a passengerto make apublic announcement. 15. The Captain notified Republic about Respondent's behavior. 16. At 1755 MST, whenN508LX arrived atDEN, Base Manager and Inflight Services Supervisor James Brickell metthe Captainatthe gate and the Captain notified 

### Mr. Brickell about Respondent's behavior. 17. Mr. Brickell boardedthe aircraft and began a conversation with Respondent. 18. Mr. Brickell observed Respondent's lackofbalance and slurred speech and could also smell the odor ofalcohol on Respondent's breath. 19. While still onboard the aircraft, Mr. 

### Brickell contacted Republic's Designated Employee Representative Terri Skowronek onhis mobile phone and Ms. Skowronek requested to speakto Respondent on speakerphone. 20. As Respondent denied that Respondent had been drinking, on speakerphone, Ms. Sko¥.'ronekheard Respondent slur her words.

Exhibit A-4 Agency Response to Motion for Extension Page4 of921. Mr. Brickell and Ms. Skowronek agreed thatthere was cause to require a DOT reasonable suspicion alcohol testbeperformed on Respondent. 22. BothMr. Brickell and Ms. Skowronekweretrainedto make reasonable suspicion and cause determinations. 23. Mr. Brickell escorted Respondentto 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 ofalcohol, thatRespondent's gaitwas uneven, and thatRespondenthad begunto urinate. 26. Respondent submitted to a Breath Alcohol Test conductedbya certified BAT, utilizingIntoximeter RBT IV

### I Alco Sensor IV EBT device, serial number 009350, at 1839 MST onJanuary 16, 2015. 27. The results ofthat test indicated an alcohol concentration of.123 percent. 28. Afterthe initial test, the BAT advised Respondentthat a confirmationtestwould 

### be taken 

### in 15 minutes, that Respondentwas toremain intheroomwith the BAT, and thatRespondent shouldnot eat, drink, or belch. 29. Duringthe 15 minute waitperiod, the BAT observed Respondent "gurgling" or "suppressing a belch" andreminded Respondentnotto eat, drink, or belch. 30. Respondentthen submitted to a confirmation test andtheresults indicated alcohol concentration of.211 percent at 1856 MST. 31. Byreason ofthefacts and circumstances setforth above, Respondentreported for duty and acted as a crewmember, whichrequires the perfonnance ofsafety-sensitive functions, when Respondent hada breath alcohol concentration of.04 or greater. 

### II. Sanction Byreason ofthe foregoing facts and circumstances, Respondent violated Section 120.37(n) ofthe Federal AviationRegulations. Pursuantto Title 49 ofthe United States Code, Section46301 (49 U.S.C. §46301), Respondent is subjectto a civil penalty not to exceed $11 ,000 for each violation alleged. Underthe facts and circumstances ofthis 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 LawJudge enter an Order that Respondent be assessed a civil penalty in the amount of$11,000. Respectfully submitted this 13th day ofJuly, 2015.

BrianaMartino Attorney, AGL-7M 

## i ! j**~·**

## ·~ttc:·
Federal Aviation Administration Great Lakes Region, AGL-7 2300 EastDevon 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 9u.s. Department of TransportaTion Federal Aviation Administration 

### July 13,2015 In Reply

Referto:
CERTIFIED AGL-7M

HearingDocket Federal AviationAdministration 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 herewithplease find a copy ofa request for hearing andthe original and one copy of the Complaint inthe above-referencedproceeding. The FAA requests that the hearing inthis matterbe held in Denver, Colorado, and expects that the hearing will last two days. Please address all communications for the FAAto the undersigned at: Federal Aviation Administration Regional Counsel (AGL-7) 2300 EastDevonAvenue Des Plaines, IL 60018 Sincerely,



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

Encl: Request for Hearing Complaint
cc: Brian

### J. Lawler 1551 91 h 

### Avenue SanDiego, CA 92101 BrianaMartino Attorney

Exhibit A-4 Agency Response to Motion for Extension Page 1 of 9CERTIFICATE OF SERVICE
I hereby certify thatI have, this date, served the foregoing Complaintbymailingthe following copies, Certified Mail (Retum ReceiptRequested): Original and I Copy:

One Copy:

Yo! Leg Technician FAA, GreatLakes Region Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber WrightBuilding Suite 2W1000
Brian J. Lawler 1551 9th Avenue San Diego, CA92101

Exhibit**A~4** Agency Response to Motion for Extension Page 2 of 9U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASIDNGTON, D.C.



### IN THEMATTER OF Michelle Kraemer FAA DOCKETNO. (not assigned) (Civil Penalty Action) DMS NO. (not assigned)

,, 

### FAA CASE NO. 2015-WA-91-0066
COMPLAINT 

### The FederalAviation Administration (FAA), bycounsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: 

### I. Facts 1. Respondent nowholds, and at all relevant times held, FlightAttendant Certificate Nun1ber 3281461. 2. At ali relevant times, Respondent was employed byRepublic 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 ofAir Carrier Certificate Number R61A758X. 

# ' 4. Atall 

### relevanttimes, Republic had an Anti-drug and Alcohol Misuse Prevention Program inplace inaccordance with 14 C.P.R. Part 120. (Republic's Policy) 5. Anemployee performing flight crewmember duties for Republicperforms a safetysensitive function and is a covered employee subject to testing pursuant to 14 C.F.R. Part 120 and Republic's Policy. 6. Onor aboutFebruary 14, 2011, Respondent acknowledged receipt and understanding ofRepublic's Policy. 7. OnJanuary 16,2015,Respondent was assigned to serve as a FlightAttendant (FA) on civil aircraftN508LX, on the following flights:

Exhibit A·4 Agency Response to Motion for Extension Page3of9a. FlightNo. 4926 from Denver International Airport (DEN) to Eagle County Regional Airport (EGE); b. FlightNo. 4946 fromEGE to DEN; c. FlightNo. 4946 from DEN to Wichita DwightD. Eisenhower National Airport (ICT); d. FlightNo. 4869 from ICT to DEN. 8. Republic is authorized to operate the above aircraft, N508LX, in Part 121 air carrier service. 9. OnJanuary 16, 2015, Respondent reported for duty to perform safety-sensitive fimctions, acting as a FA. l0. Respondent performed safety-sensitive fimctions as a FA on all four ofthe above mentioned flights. ll. During the final flight from ICT to DEN (the flight), Respondentmade an announcementthatwas incoherent, inappropriate, and slurred. 12. Concerned about yourbehavior, the Captain spoke to Respondent over the intercom andRespondent statedthat Respondent was "backhere partying and having fim" with Respondent's passengers. 13. When asked about Respondent's behavior, the other Flight Attendant onboard N508LX reported to the CaptainthatRespondent washavingtrouble maintaining Respondent's balance and making coherent announcements. 14. Respondent then also allowed a passengerto 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 SupervisorJames Brickell metthe Captain atthe gate and the Captain notified 

### Mr. Brickell about Respondent's behavior. 17. Mr. Brickell boardedthe aircraft andbegan a conversation with Respondent. 18. Mr. Brickell observed Respondent's lackofbalance 1 and slurred speech and could also smell the odor ofalcohol on Respondent's breath. 19. While still onboardthe aircraft, Mr. Brickell contacted Republic's Designated Employee Representative Terri. Skowronek onhis mobile phone andMs. Skowronek requested to speakto Respondent on speakerphone. 20. As Respondent denied that Respondent had been drinking, on speakerphone, Ms. Skowronekheard Respondent slur her words.

Exhibit A-4 Agency Response to Motion for Extension Page4of921. Mr. Brickell and Ms. Skowronek agreed that there was cause to require a DOT reasonable suspicion alcohol testbe performed on Respondent 22. Both

### Mr. Brickell and Ms. Skowronekweretrained 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 inMr. Brickell's office, the BAT noted that she could smell the odor ofalcohol, that Respondent's gaitwas uneven, and that Respondent had begun to urinate. 26. Respondent submitted to a Breath Alcohol Test conductedby a certified BAT, utilizing Intoximeter RBT IV/Alco Sensor IV EBT device, serial number 009350, at 1839 MSTonJanuary 16,2015. 27. The results ofthattest indicated an alcohol concentration of.123 percent 28. After the initial test, the BAT advised Respondentthat a confirmationtestwouldbe talcen in 15 minutes, that Respondentwas to remain i!fthe room with the BAT, and that Respondent shouldnot eat, 

### driulc, or belch. 29. Duringthe 15 minute waitperiod, the BAT observed Respondent "gurgling" or "suppressing a belch" andreminded Respondentnotto eat, drink, or belch. 30. Respondentthen submitted to a confirmation test andthe results indicated alcohol concentration of.211 percent at 1856 MST. 31. Byreason ofthe facts and circumstances set forth above, Respondentreported for duty and acted as a crewmember, which requires the performance ofsafety-sensitive functions, whenRespondenthada breath alcohol concentration of.04 or greater. 

### II. Sanction By reason ofthe foregoing facts and circumstances, Respondent violated Section 120.37(n) ofthe Federal Aviation Regulations. Pursuantto Title 49 ofthe United States Code, Section46301 (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 ofthis case, a civil penalty of$11,000 is appropriate.

Exhibit

**A~4** Agency Response to Motion for Extension

**~-** Page5of9

### WHEREFORE, the Agency, bycounsel, respectfully requests that the Administrative LawJudge enter an Order that Respondentbe assessed a civil penalty in the amount of$11,000. Respectfully submitted this 13 111 

### day ofJuly, 2015.

BrianaMartino 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: (847) 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 Complainthas beenmailed 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, WilberWrightBuilding I 

### Suite 2WI000

Brian J. 

### Lawler 1551 9th Avenue San Diego, CA 92101

Dated this 13th 

### day ofJuly, 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:.

July7, 2015 

### VIA U.S. MAIL Hearing Docket, FederalAviationAdministration 800 IndependenceAve. S.W. Waslrington, DC 20591 Attn: HearingDocket Clerk AGC-430 WilberWright 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 

### · ::: '

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## '!) 

## i , ! 

### JUL 10 2015

# ~~.// O!"FkE OF RE'21G\li\L COUNSEL 

# I

·---·

### ~\(!t:::J 

# .J

Pleasebe advised that the undersigned represents Ms. Michelle Kraemerregarding the above-referenced Final Notice of Proposed Civil Penalty. Pursuant to 14 C.F.R. 

### § 13 .16, please acceptthis 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 ofRegional Counsel 2300 E. DevonAve. (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 9From: 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 outtoday. 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 ofthe 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 ofthe agency deliberative process, or attorney-work product, all ofwhich 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 Page9of9From: 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 • Linkedin • Twitter ··rhis e-mail 1nessage .is confi!.!ential 1**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~** Ifyon are not the intended are -notified that the disserninndon, rlisttil::w.don) o_r ofthis tnt::ssagc i.s strictly In <.tdd.ition} delete ox ali or HCtB.i.ons you have ofthis 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 ofthe 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 of3From: 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. Ifthe 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 ofthe 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 ofthis 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 ofany 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 Page2of3Brian, 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 ofthe 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 ofyour 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:nfidemial1intended 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' ofthis message is strictly prohibited. In addition, im.mediatcly ddcte aU copies o_r -vc.ndons you have ofthis message and notify· the sender at 255-2.393 in orderthar 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 ofany -;q)r.k or othe:r applkabh-: privilege. Thank you,

Exhibit A-5 Agency Response to Motion for Extension Page3of3From: 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 • linkedIn • Twitter 'This e-rn;.:til rnessage is confidcnti.al.1intended 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. Ifyou ate nor the**intt~ndcd** :n:o...**~lpient(s) 1**  you arzc twtHicd that the dieseonirroion, ox ofthis meBsagc is In add.ition, delete of de;tt!lV ot vet·l:lions you have ofthis 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 ofany attorney-dicnt) svorkptoduct1 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 ofthe agency deliberative process, or attorney-work product, all ofwhich 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 of3From: 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. Ifthe 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 ofthe 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 cnmrnunkmions 1 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 ofthh; m.essage is ln. additi.m1,**ple~se** ddetc or aH or versions you have ofthis 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 of3I'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 ofthe 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 ofyour 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, Ifyou 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 ofthis message i_s imnl<:dicccly delete or or verskms you hav-e ofthis 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