U.S. Department 

of Transportation 

Federal Aviation 

Administration 

NOTICE OF DOCKETING 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

The complaint by Wayne R. Messinger ("complainant") against the Clover Acquisition Corp. 

(respondent") filed under the Rules of Practice for Federally Assisted Airport Enforcement 

Proceedings, Title 14, Part 16 of the Code of Federal Regulations ("14 CFR Part 16"), has 

been docketed by the Federal Aviation Administration's Office of the Chief Counsel, as 

Docket No. 16-15-01 on February 11,2015. 

The respondent is required to file an answer to the complaint within 20 days of the 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 of an answer, the respondent may file a motion to dismiss the complaint or a motion 

for summary judgment on the complaint (collectively "motion"). 14 CFR § 16.26. The 

respondent may move for dismissal of the entire complaint or of specific issues. The motion 

must be filed within 20 days after the date of service of this notice of docketing. 14 CFR § 

16.26. If such a motion is filed, an answer must be filed with 20 days of the date of service 

of an order denying all or part of that motion. If the Director does not rule upon the motion 

to dismiss with 30 days of the date an answer to a motion is due, then respondent shall file an 

answer with the next 20 days. 14 CFR § 16.26. If a motion is filed by respondent, then 

complainant may respond to the motion within 10 days of service or within a period set by 

the Director. 

The complainants may file a reply within 10 days of the date of service of the answer. The 

respondent may file a rebuttal within 10 days of the date of service of the complainants' 

reply. See 14 CFR § 16.23( e) and (f). The answer, reply, and rebuttal shall be accompanied 

by supporting documentation upon which the parties rely. The answer, reply, and rebuttal 

shall each contain a concise but complete statement of the 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 with the FAA in this proceeding shall be served (and include a certificate 

of service) by the persons filing them on all parties to the proceeding, and with the Office of 

the Chief Counsel 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 of electronic filing or unless otherwise specified, an 

executed original and three copies of each document shall be filed with the Part 16 Docket 

Clerk. One of the three copies shall not be stapled, bound or hole-punched. See 14 CFR § 

16.13( c). 
Pursuant to 14 CFR § 16.13(h), electronic filing of Part 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 of the e-mail must 

contain the names of the complainant and respondent, as well as the FAA docket 

number, if assigned. The size of the 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 if the 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 must provide 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 itself of electronic filing as described in this 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 of service 

stating the method as electronic by or via e-mail. In regard to computation of 

time, the date of the e-mail is not included in the computation of time under this 

part. See 14 CFR § 16.17 (a). Parties will start the count as of the day following 

the date the e-mail was sent. 1 

The Department of Transportation (DOT) uses the government-wide Federal Docket 

Management System (FDMS) at http://www.regulations.gov. Accordingly, if filing paper 

documents with the FAA, please ensure that at least one of the required copies is 

unbound and 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 of the Chief Counsel 

1 Please note- this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 

16.13 (a), (b), and (c). If a party subsequently decides to "opt-out" of electronic filing, it must notifY 

the FAA Docket Clerk and opposing party in writing. See 14 CFR § 16.13 (h)(4). The electronic 

filing method may be used in lieu of or in addition to the existing requirements set forth in Part 16. 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on February 11,2015, I caused to be placed in the 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. 

17 622 Airfield Lane 

Pearland, TX 77581 

Respondent 

Hand-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

FAA Office of Airport Compliance and Management Analysis, AC0-1 00 

S ronLong 

Airports & Environmental Law Div· ion 

FAA Office of the Chief Counsel