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



### U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, 

### DC

Intbe Matter ofChemSystems, Inc., Respondent. FAADocketNo.: unassigned 

### FDMS No.: FAA-201:2-0911 FAARegion: Western-Pacific Judge: Richard C. Goodwin
COMPLAINANT'S AV AILABILITX FOR

# HEARING AND MOTION FOR CHANGEINVENVE 1{1] 002/004



### To: HonorableRichard C. Goodwin, Administrative LawJudge, and Respondent, through its 

### attorney, RobertFling, Esq.: Complainant, by 

### andthrough counsel, pursuantto Administrative LawJudge Goodwin's October22, 20 13 Amended Procedural Orderprovides 

### the belowresponse 

### fo:r: hearing date availability. Complainantrespectfully requeststhatthe 

### hearing date be scheduled for a date on or afterApril I,**201~>.** 

### Thereporting special agent onthis matter, Michael Burdick, has pre-paid travel to New Zealandfrom 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 expectedto testit'y abouthis investigationand sanctionrecommendations hased onhis first-hand knowledge and observations. Also, duringthe month ofMarch 201!4, Complainant's representative is scheduled to mediate and simultaneously Htigate a complex and large dollarprocurement dispute02/03/2014 15:26 FAX 3107256816 AlVP-7 141003/004
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, Complainantrespectfully requests thatthe hearing in this oatter be scheduled for April 1, 2014 or later. Also, Complainant movesto transfer venue fi·om Houston, Texas to San Francisco, California. Complainantmakes this request on the grounds that its special agent 

### cs located there, and also based onprevious conversations withRespondent's counsel, who had indicated a willingness to have the hearingheld there. Complainant attempted to contact Respondent's counsel via e-mail on January 30,2014 and by telephonetoday, February 3, 2014, to discuss this andrelated matters but has received not response. Other good cause for 

## a change in venue 

### inthat given the recent budgetary cutbacks, a closer venue for Complainant's witnesses and counsel would decrease 

### government costs 

### in terms ofair fare and necessitating fewer nights for lodging, and as a result, meals and incidentals, Also, this would give Complainant additional time to discussthe matter withAgent Burdick ifthe 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 ofAvailability 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, ofthe 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 2Wl000 Facsimile: (202) 493-5142 I further certify that onthis date l sent via United States mail, postageprepaid, one copy, as well as one copy by e-mail, ofthe above-referenced document, addressed as follows: 

### l-ion. Richard 

### C. Goodwin Office ofHearings, M-20 U.S. Department ofTransponation 1200 New Jersey Ave., S£. (Ell"310) Washington, D.C. 20590 Te1.:(202) 366-5121 StaffAssistant email: Richard.Goodwin@dot.gov I further certify that on this date I sent viaUnited States mail, postage**pr~paid,** one copy, as well as one copy by facsimile, ofthe 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 .·.**Antoni~** Paralegal Office ofthe Regional Cout1sel Federal Aviation Administration Lawndale, California 9026002/03/.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 DocketClerk, AGC-430, (202) 493-5142 RobertFling, Esq., (281) 727-0082

THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED FOR THE USE OF THE DESIGNATED .O.DDRESSEE ONLY. THE INFORMATION TRANSMITTED MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR MAY BE PROTECTED UNDER THE PRIVACY ACT IF YOU ARE NOT THE DESIGNATED ADDRESSEE AND YOU RECEIVE THIS DOCUMENT THROUGH INADVERTENT ERROR, ANY FURTHER REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. !F YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONING (310) 725-7100 AND DESTROY THE; ORIGINAL OF THIS COMMUNICATION. THANK YOU.