U.S. Department of Transportation REC 

Office of Hearings 

Washington, D.C. DEC 1 9 ]0t1 

HEARING DOCKET 

In the Matter of: 

CLOUD DANCER AVIATION 

Respondent. 

'.• •• -~-^ "T; I rr,..--..--

FAA DOCKET NO. CPIOSOOOOI '^"^ -"-'xrv:' 

(Civil Penalty Proceeding) 

DMSNO. FAA-2010-OI92 

RENEWED MOTION TO COMPEL FOR DISCOVERY 

Respondent, CLOUD DANCER AVIATION, througii counsel, moves this Court for an 

Order to Compel Complainant FAA's witnesses for deposition , and to enter sanctions and as 

reasons state: 

1. In accordance with the Court's direction (see attached Order dated December 2, 

2011), on December 2"^", 2011, approximately at 12:45 pm est. Respondent's 

counsel contacted Complainant's attorney by phone with a follow up email, 

requesting depositions of FSDO Inspector, Larry Enlowe, FSDO Manager Diane 

Fraum, Supervisor Roberto Echevarria, and Inspector Frank Webner, and 

provided dates of December 19'^ 21 ^ 22"*^, 26"' through 29'\ 2011. (See 

attached copy.) 

2. On December 5'^ 2011 at 4:15 pm est. Respondent's counsel again contacted 

Complainant's counsel by phone with a follow up email. (See attached copy.) 

3. On December 6'\ 2011, Complianant's counsel emailed a response, without any 

return phone call, stating that she will confer with the witnesses and get back to us 

with dates. 
4. On Friday, December 9^^, 2011, Complainant's attorney advised, via email, that 

the witnesses are not available on any of the severi dates Respondent's counsel 

provided, but instead stated that the witnesses were available only on January 4-6, 

2012. (See attached copy.) 

5. Respondent's counsel has hearings scheduled in Miami, Fl and is scheduled for 

trial the following week .in JV5iami,.FL. 

6. All the witnesses to be deposed are located in Orlando, Fi. 

7. The parties ihave not bcen-able to discuss any possible modifications to the 

Litigation Scheduling Conference for a laterdiscovery cut-off date. As the denial 

of availability for the witnesses was not known before 10:00 am, the morning of 

December 9^2011. 

8. Inspector Frank Webner's testimony is relevant in that it's upon his information 

that the FAA is relying for the allegations set forth in the FAA's position. 

9. . The testimonies of FSDO Inspector, Larry Enlowe, FSDO Manager-Diane Fraum, 

and Supervisor Roberto Echevarria, are that they intrinsically have had 

discussions and an understanding of the Respondent's issues and concerns with 

Inspector Webner's health issues, clarity of thought processing, which are tlie 

basis:for the Respondent's affirmative defenses. 

10. Respondent's statement regarding sanctions requests that the matter be dismissed, 

or an Order compelling be entered, or such other relief as the court deem 

appropriate. 

•WHEREFORE, Plaintiff moves the Administrative Law Judge for an Order compelling 

Complainant FAA to provide the witnesses to appear for deposition, or dismiss the inatter. or 

such other reiiefas the court deem appropriaic. 
Certificate of Service 

Respondent has attempted in good faith, has conferred or attempted to confer with the 

person or party failing to make the discovery in an effort to secure the informatioa or Enaterial 

without Court action. 

i HEREBY CERTIFY that the foregoing was submitted via fax and mail on this Q 

day of December 2011 to: 

Andrea Michelle Harper. Esq., Office of Regional Counsel, ASO-7, Southern Region, P.O. Box 

20636. Atlanta, GA 30320, FAX: 404-305-5223 

The Honorable J. E. Sullivan, Administrative Law Judge, Office of Hearings, M-20. U.S. Dept. of 

TronorvArtotinn 12'^0 N**'."/ Jer$?*^ A.vep.ii? S^E. Esst 3!d". Ground Floor R.oom E12-320 

Washington, DC 20590, FAX: 202-366-7536, 

Hearing Docket Clerk, FAA, AGC^30, Suite 2W1000, Wilbur Wright Bldg., 800 Independence 

.Avenue. SW, Washington DC 20591. 

Respectfully submitted, 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

iViiaiiii , I 1 ~> J t / KJ 

Phone: 305-256-3002 

Fax: 305-256-3004 

FBN: 660817 
13 19:46 1202-2011 2M 

202 366 7536 Une 1 

SERVED DECEMBER 2,2011 

U.S. DEPARTMENTOF TRANSPORTATION. 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: ) 

) Docket No. FAA-CPlOSOOOOl 

CLOUD DANCER AVIATION ) (FAA Civil Penalty Proceeding) 

AND FLYING CLUB, INC. ) 

) FDMSNo. FAA-20IO-0192 

Respondent ) 

ORDER DENYING RESPOTVDENTS MOTION TO STRIKE 

AND/OR DISMISS, AND GRANTING/DENYING OTHER RELIEF 

On September 1, 2011, the FAA and the Re^wndent, Cloud Dancer Aviation and 

Flying Club, Inc., appeared by telephone for a Litigation Scheduling Conference. At that 

time, the Reqxmdent's Motion to Reopen EHscovery was orally granted, and a new 

discovery plan was created with the parties' participatioiL The Respondent*s Motion to 

Compel Discovery was reserved with a right to renew the Motion prior to November 18, 

2011, if needed- The Respondent's oral Motion to Dismiss was respectfully noted, but 

the Reqwndent to file a written Motion with supporting facts and authority if it wanted to 

pursue such a Motion. 

On September 7, 2011 Orders were filed that codified the oral rtilings made at the 

September I, 2011 Litigation Scheduling Conference. An Order Granting Respondent's 

Motion to Reopen Discovery and Granting/Denying Other Relief, and an Order Setting 

Litigation Dates and Procedures, were filed. 

On November 18, 2011 the Respondent filed a Motion to Strike and/or Dismiss. 

On December 2, 2(X11 the parties appeared for a Telephone Motion Conference. 

The status of the case was briefly discussed, as well as the Respondent's Motion to Strike 

and/or Dismiss. Multiple bial rulings were issued. 

It Is Hereby Ordered: 

1. The Respondent's Motion to Strike and/or Dismiss is denied, in part for being 

premature, and in part for failing to allege specific facts and legal authority in 

support of the request for. Dismissal. 

2. The parties are directed to contact each other by telephone immediately after 

the conclusion of the December 2, 2011 Telephone Motion Conference, to 

schedule a mutually agreeable time early next week (prior to December 9, 

2011) to consult again about this case by telephone. 

Page 1 of2 
,. , 13 20-25 12-02-2011 4/4 

202 3^6 7536 Line 1 

FDMS No. FAA-201(W)192 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independoice Avenue, S.W. 

Washington, DC 20591 

Attrition; Hearing Docket Cleric, AGC-430 

Wilbur Wright Building - Suite 2WI000' 

ONE COPY 

Dennis R Haber, Responde^ht's Counsel 

Damis R Haber, PJ\ -

8925 S.W. 148 Street, Suite 200 

Miami, n , 33176 

TEL: 305-256-3002 

FAX: 305-256-3004 

Andrea Michelle Harper, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atianta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J. E. Sullivan, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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

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

2W1000, Washington, DC 20591. Attention: Hearing Docket Clerk, AGC^30. 
Anna Dale 

From: Anna Date <Anna@iawyefmiami.com> 

Sent Friday, December 02. 2011 4:21 PM 

To: Michene.Harper@faa.gov 

Co: dennts@lawyemitanni.com 

Subject: FAA v. Cloud Dancer Aviation 

Dear Ms. Harper; 

I am following up to the message I left on your voicemail at 12:45 today, r^arding scheduling the 

depositions of FSDO Insp. Larry Enlowe, FSDO Manager Diane Fraum, Insp. Frank Webner, and 

Supervisor Roberto Echevarria. 

We would be scheduling all four (4) depositions for one day, commencing at 9 am. 1 have indicated 

below the dates Mr. Haber is a\'ailable; 

December 19, 21,22,26-29-

Please confer with your clients and advise me what day they would be available. 

Thank you and await your response. 

Anna D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Email: Anna(S)lawvermiami.com 
Anna Dale 

From: Anna Date <Anna@l3wyermiami.com> 

Sent: Monday, December 05. 2011 4:16 PM 

To: MJcheCe. Harper@faa.gov 

Cc: dennis@lavvyenniami.com 

Subject: FAA v. Cloud Dancer Avtabon 

E>ear Ms. Harper; 

1 am following up to the message I left on your voicemail at 4:15 today, Monday, December 5, 2011 5*^*, 

regarding scheduling the depositions of FSDO Insp. Lsirry Enlowe, FSDO Manager Diane Fraum, 

Insp. Frank Webner, and Supervisor Roberto Echevarria. 

We would be scheduling all four (4) depositions for one day, commencing at 9 am. I have indicated 

below the dates Mr. Haber is available; 

December 19,21, 22,26-29^ 

Please confer with your clients and advise me what day they would be available. 

Thank you and await your response. 

Anna D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fa.x: 305-256-3004 

Email: Anna/??)lawvprmiamimm 
Anna Dale 

From: Michefle.Harpef@f^.gov 

Sent: Tuesday. December 06, 2011 9:42 AM 

To: Anna Dale 

Subject: Re: FAA v. Cloud Dancer Aviation 

Attachments: pjc27529.gif 

Hi Anna -

I telework Mondays, so I am just receiving your email. I will confer with the witnesses and get back to 

you with dates. Thanks. 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southern Region 

TEL: (404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 

and action. It is subject to the attorney-client, anomey work product, and deliberative process privileges^ 

and as such, must not be forwarded or otherwise shared without express permission. 

From: "Anna Dale" <AnnaiS)Jawvermiami.com> 

To: MiciieUe Harper/ASO/FAA@FAA 

Cc: <dennis<2Uawvermiami.com> 

Date: 12/05/2011 04:16 PM 

Subjea: FAA v. Cloud Dancer Aviation 

(Embedded image moved to file: pic27529.gif) Dear Ms. Harper; 

I am following up to the message I left on your voicemail at 4:15 today, Monday, December 5, 2011 5th, 

regarding scheduling the depositions of FSDO Insp. Larry Enlowe, FSDO Manager Diane Fraum, Insp. 

Frank Webner, and Supervisor Robeno Echevarria. 
Anna Dale 

Subject: FW: FAA v. Cloud Dancer Aviation 

Attachments: pic16202.gif 

-—Original Message— 

From: Michelle.Hcuperf2)faa.gov [mailto:Michelle.Han>enS)iaa.gov) 

Senr Friday, December 09, 2011 10:05 AM 

To: Anna Dale 

Cc: dennisfSjJawvermiami.com 

Subject: Re: FAA v. Cloud Dancer Aviation 

Anna -

The wimesses have informed me that they are unavailable during the dates you mentioned. They will be 

on annual leave for the hohdays. 

They are, however, available January 4-6. Is Mr. Haber available those days? 

Michelle Harper 

Attorney 

Office of the R^ona l Counsel 

Southern Region 

TEL: (404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 

and action. It is subjea to the attomey-chent, anomey work produa, and deliberative process privileges, 

and as such, must not be forwarded or otherwise shared without express permission. 

From: "Anna Dale" <AnnafS!lawvermiami.com> 

To: MicheUe Harper/ASO/FAA@FAA 

Cc: <dennisf5)Jawvermiami.com> 

Date: 12/05/2011 04:16 PM 

Subjea: FAA v. Cloud Dancer Aviation 

(Embedded image moved to file: picl6202.gif) Dear Ms. Harper; 

I am following up to the message I left on your voicemail at 4:15 today, Monday, December 5, 2011 5th, 

regarding scheduling the depositions of FSDO Insp. Larry Enlowe, FSDO Manager Diane Fraum, Insp. 

Frank Webner, and Supervisor Roberto Echevarria. 

We would be scheduling all four (4) depositions for one day, commencing at 

9 am. I have indicated below the dates Mr. Haber is available; 
December 19, 21, 22, 26-29. 

Please confer with your chents and advise me what day they would be available. 

Thank you and await yoiu response. 

Anna D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Email: AimafgUawvennianii.com