U.S. Department ofTransportation Federal Aviation Administration



### NOTICE OFDOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591

The complaintbyWayne 

### R. Messinger ("complainant") against the Clover Acquisition Corp. (respondent") filed under the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 ofthe Code ofFederal Regulations ("14 CFR Part 16"), has been docketed by the Federal Aviation Administration's Office ofthe ChiefCounsel, as DocketNo. 16-15-01 on February 11,2015.
The respondentis required to file an answer to the complaint within 20 days ofthe date of service ofthis notice. See 14 CFR §16.23 (d). The answer shall deny or admit the allegations made in the complaint, and shall assert any affirmative defense
In lieu ofan answer, the respondent may file a motion to dismiss the complaint or a motion for summaryjudgment onthe complaint (collectively "motion"). 14 CFR § 16.26. The respondent maymove for dismissal ofthe entire complaint or ofspecific issues. The motion mustbe filed within 20 days after the date ofservice ofthis notice ofdocketing. 14 CFR § 16.26. Ifsuch a motion is filed, an answer must be filed with 20 days ofthe date ofservice ofan order denying all orpart ofthat motion. Ifthe Director does not rule upon the motion to dismiss with 30 days ofthe date an answer to a motion is due, thenrespondent shall file an answer withthe next 20 days. 14 CFR § 16.26. Ifa motion is filed by respondent, then complainantmay respond to the motion within 10 days ofservice or within a period setby the Director.
The complainants may file a reply within 10 days ofthe date ofservice ofthe answer. The respondent may file a rebuttal within 10 days ofthe date ofservice ofthe complainants' reply. See 14 CFR § 16.23(e) and (f). The answer, reply, andrebuttal shall be accompanied by supporting documentationupon which the parties rely. The answer, reply, and rebuttal shall each contain a concise but complete statement ofthe facts relied upon to substantiate the answers, admissions, denials, or averments made. See 14 CFR § 16.23 (g) and (i). Amendments or supplements to the pleadings will not be allowed without showing good
cause through a motion and supporting documents. See 14 CFR § 16.23 G).
All documents filed withthe FAA in this proceeding shall be served (and include a certificate ofservice) bythe persons filing them on all parties to the proceeding, and with the Office of the ChiefCounsel as follows: FAA Part 16 Docket Clerk, AGC-600, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. See 14 CFR §§ 16.13 and 16.15. With the exception ofelectronic filing orunless otherwise specified, an executed original and three copies ofeach document shall be filed with the Part 16 Docket Clerk. One ofthe three copies shall not be stapled, bound orhole-punched. See 14 CFR 

### § 16.13(c).Pursuant to 14 CFR § 16.13(h), electronic filing ofPart 16 documents is permitted under the following guidelines:

• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). The subject line ofthe e-mail must contain the names ofthe complainant and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10MB.

• E-mail filings shall be sent to the FAA Docket Clerk at 9-AWA-AGC-Partl6@faa.gov and the opposing party (only ifthe opposing party has agreed with the complainant in writing to participate in electronic filing; otherwise service must be made pursuant to 14 CFR §16.15.) The FAA will not provide any acknowledgement or receipt to parties filing electronically.

• A party filing electronically mustprovide the FAA Docket Clerk and the opposing party an e-mail address designating its representative to receive electronic pleadings and documents by e-mail.

• A party availing itselfofelectronic filing as described inthis document and 14 CFR § 16.13 (h) waives its rights under Part 16 to service by any other means from the opposing party or FAA.

• A party filing electronically will include with its pleadings a certificate ofservice stating the method as electronic by or via e-mail. Inregard to computation of time, the date ofthe e-mail is not included in the computation oftime under this part. See 14 CFR § 16.17 (a). Parties will start the count as ofthe day following the date the e-mail was sent. 1
The Department ofTransportation (DOT) uses the government-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffiling paper documents with the FAA, please ensure that at least one ofthe required copies is 

### unboundand 

### without tabs. Exhibit numb · unbound copies should be noted on the first pa



### ;~f each exhibit or in divide ages. The FAA will forward all electronic submi iojs (like the paper submiss· ns) to FDMS for public viewing. I

Sco Attorney, Airport Law Branch Office ofthe ChiefCounsel

1Please note- this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 16.13 (a), (b), and (c). Ifa party subsequently decides to "opt-out" ofelectronic filing, it must notifY the FAADocket Clerk and opposing party in writing. See 14 CFR § 16.13 (h)(4). The electronic filing method may be used in lieu ofor in addition to the existing requirements set forth inPart 16.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that onFebruary 11,2015, I caused to be placedinthe United States Mail (first class mail, postage paid) or personally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:

Wayne R. Messinger P.O. Box 1710 Friendswood, TX 77549 Complainant

The Clover Acquisition Corp. 17622 Airfield Lane Pearland, TX 77581 Respondent

Hand-Delivered to: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis, AC0-100

S ronLong Airports & Environmental LawDiv· ion FAA Office ofthe ChiefCounsel