U.S. Department of Transportation Federal Aviation Administration July 14, 2014 Jim De Vries, Complainant 501 Ridgefield Dr. Pacific, Missouri 63069 jimdevries@live.com Kurt Voss, City Attorney City ofSt. Clair I Paul Parks Drive St. Clair, Missouri 63077 kav@zvplaw.com 800 Independence Ave., SW. Washington, DC 20591

By Electronic Mail and First Class Mail

Re: Jim De Vries v. City ofSt. Clair, Missouri, FAA DocketNo. 16-14-03
Dear Mr. De Vries and Mr. Voss: This letter is to clarify the timeline under which the remaining pleadings in the above-captioned complaint will be due pursuant to the recently revised Rules ofPractice for FederallyAssisted Airport EnforcementProceedings, Title 14,Part 16 ofthe Code ofFederal Regulations (14 CFR Part 16). See 78 Fed. Reg. 56135 (September 12, 2013). On June 9, 2014, the FAA docketed the above-captioned complaint. OnJune 23,2014, the Respondent submitted an Answer, Motion to Dismiss, and Motion for Summary Judgment. Pursuant to 14 CFR § 16.26, when a motion to dismiss or motion for summaryjudgment is filed, the pleadings process under 14 CFR § 16.23 is paused while the motion or motions are adjudicated. After the filing ofa motion to dismiss or motion for summaryjudgment, a complainant mayrespond to the motion(s) within 10 days. See 14 CFR §§ 16.23(b)(3) and (c)(3). Within an additiona130 days after thattime period, the Director may dispose ofthe motion, and ifthe motion is denied in whole or in part or granted in part, the Respondent's answer is due within 20 days ofthe disposition ofthe motion. See 14 CFR §§ 16.23(b)(4) and (c)(4). In addition, ifa motion is not acted uponbythe Director within 30 days the Respondent's answer is due within 20 days after the 30th day. See 14 CFR §§ 16.23(b)(5) and (c)(5). Inthis case, the Respondent submitted its answer with its motions. In addition, the Complainant submitted a reply to the Respondent's answer on June 27,2014, but does not appear to have responded to either ofthe Respondent's motions. Because it appears the parties maynot have been aware ofthis change inthe Part 16 proceedings process, the FAA clarifies the timeline here. Ifthe Complainant wishes to reply to the Respondent's motion to dismiss or motion for summary judgment, he may do so by July 18, 2014.2

Pursuantto 14 CPR§§ 16.23(b)(4) and (c)(4),the Director has until August 4, 2014 to dispose of the Respondent's motions. Because the Respondent has already submitted an answer and the Complainanthas already submitted a reply to the Respondent's answer, uponthe Director's disposal ofthe motion or upon the passage ofthe 30 days, the nextpleadingthat will be due within 20 days ofthat date will be the Respondent's rebuttal.
Sincerely,



# ~F Ellen Erichsen Attorney, Airports Law Branch FAA Office ofthe ChiefCounselCERTIFICATE OF SERVICE
I HEREBY CERTIFYthat on 

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### 7014 , I causedto be sent viaelectronic mail and placed in the United States mail (first class mail, postage paid), a true copy ofthe foregoing letter clarifying the pleadings timeline addressed to: Jim De Vries 501 Ridgefield Dr. Pacific, Missouri 63069 jimdevries@live.com Complainant Kurt Voss, City Attorney City ofSt. Clair I Paul Parks Drive St. Clair, Missouri 63077 kav@zvplaw.com Counsel for Respondent FAA Part 16 Airport Proceedings Docket (AGC-600) 

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