03/03/201 0 15:3 8 FAX 2024935142 FAA ^ DMS @001/00 5 

U.S. Department New England Region ' ' , i/uici j 12 New Engianij Execulive Park 

of Transportation Office of ihe Regional Counsel Burlington, MA 01603-5299 

»!f''°'.'tl'°*"* " Telephone: (781)238-7045 

Administration . •,, p^x; (761)236-7055 

t x 

Febniary 17, 2010 

FEDERAL EXPRESS AND FACSIMILE (202) 366-7536 

The Honorable Isaac D. Benkin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

RE: Federal Aviation Administration V. Cily of Bridgeport, Connecticut 

DockeiNo.CP09NE000J 

Dear Judge Benkin: 

Enclosed, please find an Assented-To Motion to Continue Hearing Date in the abo"vecaptioned Civil Penalty Action. 

Sincerely, 

2 2 201f 

JOHN R. DONNELLY 

cnior Attorney 

cc: Ridiard Ka.scak, Jr., Esquire 

^Hearing Docket 
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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

J. RANDOLPH BABBIT, Administrator, 

I'cderal Aviation Administration, 

Complainant, 

CITY OF BRIDGHPORT, CONNHCTICUT. 

Respondent. 

Docket No. CP09NE0001 

Administrative Law .Tudge 

Isaac D. Benkin 

Date: February 17,2010 

ASSENTED-TO MOTION TO CONTINIJE HEARING DAl H 

The Complainant, with the assent of the Respondent, hereby moves to continue the scheduled 

hearing date of March 23, 2010, by approximately sixty days to May 26, 2010, for the Ibllowing 

stated reasons: 

I. BACKGROUND 

1. On October 26, 2009, the Respondeat requested a hearing on thi.s ntatter. 

2. On October 28, 2009, the Administrator filed its complaint. 

3. On November 20, 2009, this case was a.ssigned to Administrative I .aw Judge (Al .J) 

Benkin who scheduled it for hearing on March 23, 2010. 

4. On November 24, 2009, Respondent, with Complainant's assent, requested an extension 

to Februaiy 2, 2010, to file its Answer. 

5. On December 1, 2009, ALJ Benkin granted Respondent's request and extended the lime 

for filing an Answer to Februaiy 2, 2010. 

6. On February 1, 2010, Respondent filed its Answer. 
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II. EXTENSION AND DEADLINES 

7. The parties now seek an extension of the hearing date to have a reasonable amount of 

time to engage in discovery, dispositive motions, exchange of exhibits and witness lists, 

etc. 

8- For example, promptly after Respondent filed its February 2, 2010 Answer, the 

Complainant commenced discovejry through interrogatories and production rcguesis tjn 

Februaiy 12,2010. 

9. Additionally, Respondent's legal representative has indicated that he has an extremely 

heavy trial schedule during March and April 2010. 

m. SETTLEMENT 

10. Further, the parties are engaged in active settlement discussions and need a reasonable 

amount of time to contimie their good faith efforts. 

IV. UNAVAILIBILITY OF KEY WITNESS 

11. FAA Aiipori Certification Safety Inspector, Laurie J. Hyman, is the Reporting Inspector 

who investigated this matter and is the FAA's key wimess. 

12. FAA Inspector Hyman is not available from March 3,2010 through March 26, 2010, due 

to previously scheduled mandator^/ Airport Recurrent Certification Training as well as 

other previously scheduled significant scheduling conflicts. 

13. As she is unavailable for hearing and trial preparation, proceeding with the March 23, 

2010, hearing date would result in an unfair hardship and not be in the best interests of 

justice. 

14. No previous hearing date continuances have been requested by cither party. 
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WHliREFORE, in the best interests of ju;stice and judicial economy, the parties respectfully 

request that the hearing date in this matter be rescheduled to May 26, 2010. 

Rc-spectfully Submitted, 

^}{h i R. DONNELLY, Scnior^AfTomej 

,/ Federal Aviation Administr^rfon 

)fficc of Regional Couns^ 

12 New England F.xccutive Park 

Burlington, MA 01803-5299 

Tel: 781-238-7045 

Fax:781-238-7055 

Email; John.DonnellvC^'/jfaa.gov 

February 17,2010 
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CERTIFICATE OF SERVICE 

1 hereby certify that today, February 17, 2010,1 have sent via Federal Express and Facsimile an 

original of Assented-To Motion to Continue Hearing Date in the matter of FAA v. Ciiv of 

Bridgeport, Connecticut. FAA Docket No. CP09NE0001 addressed to the following: 

The Honorable Isaac D. Benkin 

Admini.<;irative Law .fudge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

Washington. D.C. 20590 

Fax: (202) 366-7536 

Mr. Richard G. Kascak, Jr. 

Associate City Attorney 

Office of the City Attorney 

999 Broad Street, 2"" Floor 

Bridgeport, Connecticut 06604-4328 

Fax: (203) 576-8252 

f also certify that today, Februaiy 17, 2010,1 have sent via Certified Mail-Retum Receipt 

Requested and U.S. First Class Mail, a copy of said document addressed to the following: 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Building-Suite 2 W1000 

800 Independence Avenue, SW 

Washington, DC 20591 

'(/\M<.)dj^^^-' 

DONNA SORENSnN Dated: February 17, 2010 

Program Analyst