02/03/2014 15:26 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In tbe Matter of ChemSystems, Inc., 

Respondent. 

FAA Docket No.: unassigned 

FDMS No.: FAA-201:2-0911 

FAA Region: Western-Pacific 

Judge: Richard C. Goodwin 

COMPLAINANT'S AV AILABILITX FOR HEARING AND MOTION FOR 

CHANGE IN VENVE 

1{1] 002/004 

To: Honorable Richard C. Goodwin, Administrative Law Judge, and Respondent, through 

its attorney, Robert Fling, Esq.: 

Complainant, by and through counsel, pursuant to Administrative Law Judge 

Goodwin's October 22, 20 13 Amended Procedural Order provides the below response fo:r: 

hearing date availability. Complainant respectfully requests that the hearing date be 

scheduled for a date on or after April I, 201~>. 

The reporting special agent on this matter, Michael Burdick, has pre-paid travel to 

New Zealand from Mareh 1, 2014 through March 30,2014. Agent Burdick's testimony is 

crucial as he was the special agent that investigated this matter and prepared the 

enforcement investigative report. Agent Burdick was expected to testit'y about his 

investigation and sanction recommendations hased on his first-hand knowledge and 

observations. 

Also, during the month of March 201!4, Complainant's representative is scheduled to 

mediate and simultaneously Htigate a complex and large dollar procurement dispute 
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2 

identified as ODRA Docket No. 14-0DRA-00694. The mediation is scheduled for March 

12- 14, 2014 in Southern California. The preparatory time required will consume at least 

the two weeks prior to March 12,2014. 

Consequently, Complainant respectfully requests that the hearing in this oatter be 

scheduled for April 1, 2014 or later. 

Also, Complainant moves to transfer venue fi·om Houston, Texas to San Francisco, 

California. Complainant makes this request on the grounds that its special agent cs located 

there, and also based on previous conversations with Respondent's counsel, who had 

indicated a willingness to have the hearing held there. Complainant attempted to contact 

Respondent's counsel via e-mail on January 30,2014 and by telephone today, February 3, 

2014, to discuss this and related matters but has received not response. Other good cause for 

a change in venue in that given the recent budgetary cutbacks, a closer venue for 

Complainant's witnesses and counsel would decrease government costs in terms of air fare 

and necessitating fewer nights for lodging, and as a result, meals and incidentals, Also, this 

would give Complainant additional time to discuss the matter with Agent Burdick if the 

hearing is scheduled for Aprill, 2014. 

Respectfully submitted, 

NAOMI TSUDA 

Regional~Counsel 

By:-

Courtne Adolph 

Attorney 

Dated: Febmary 3, 2014 

< 
02/03/2014 15:26 FAX 3107256816 AWP-7 liZJ 004/004 

FAA Docket No.: unassigned 

FDMS No.: FAA-2012-0871 

CERTlFICATE OF SERVICE 

Document Title: Complainant's Dates of Availability and Motion for Change in Venue 

3 

l hereby certify that o.n this date I sent via United States mail, postage prepaid, the execmed original and 

one copy, as well as one copy by facsimile, of the above-referenced document, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, S _w_ 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Facsimile: (202) 493-5142 

I further certify that on this date l sent via United States mail, postage prepaid, one copy, as well as 

one copy by e-mail, of the above-referenced document, addressed as follows: 

l-ion. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department ofTransponation 

1200 New Jersey Ave., S£. (Ell"310) 

Washington, D.C. 20590 

Te1.:(202) 366-5121 Staff Assistant 

email: Richard.Goodwin@dot.gov 

I further certify that on this date I sent via United States mail, postage pr~paid, one copy, as well as one 

copy by facsimile, of the above-referenced document, addressed as follows: 

Robert Fling, Esq. 

S. Robert Fling, PLLC 

55!8 Fifth Stree~ Suite C 

Katy, TX 77493 

Tel.: (281) 391-2003 

Facsimile: (281) n7-0082 

D~do F"'ruruy ::t .·. 

Paralegal 

Antoni~ Office of the Regional Cout1sel 

Federal Aviation Administration 

Lawndale, California 90260 
02/03/.2014 15:26 FAX 3107256816 AWP-7 

To: 

company: 

Phone: 

~ax: 

From: 

Title: 

Date: 

AJ Richard C. Goodwin 

DOT, Office of Hearings, M-20 

(202) 366-7536 

Courtney Adolph 

FAA Attorney, AWP-7.4 

2/3/2014 

liZI 001/004 

Federal Aviation 

Administration 

Office of the Regional Course!, AWP-7.4 

PO Box 92007 

Los Angeles, CA 90009-2C07 

Telephone: (310) 725-7128 

Facsimile: (310) 725-6816 

Email: Courtney.Adolph@faa.gov 

Facsimile 

Complainant's Availabilitv for Hearing and Number of pages faxed including this 

Motion for Change in Venue, In the Matter cover letter 4 

Description of 

item being 

transmitted: 

of ChemSystems, Inc., FDMS No. FAA2012-0911 

D PER YOUR REQUEST DFOR REVIEW D PLEASE COMMENT 

D FOR COORDINATION D A HARD COPY TO FOLLOW VIA US MAIL 

I~OTES/COMMENTS: 

cc: Hearing Docket Clerk, AGC-430, (202) 493-5142 

Robert Fling, Esq., (281) 727-0082 

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