U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 14, 2014 

Jim De Vries, Complainant 

501 Ridgefield Dr. 

Pacific, Missouri 63 069 

jimdevries@live.com 

Kurt Voss, City Attorney 

City of St. 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 of St. Clair, Missouri, FAA Docket No. 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 of Practice for Federally Assisted 

Airport Enforcement Proceedings, Title 14,Part 16 of the Code of Federal Regulations (14 CFR 

Part 16). See 78 Fed. Reg. 56135 (September 12, 2013). 

On June 9, 2014, the FAA docketed the above-captioned complaint. On June 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 summary judgment is filed, 

the pleadings process under 14 CFR § 16.23 is paused while the motion or motions are 

adjudicated. After the filing of a motion to dismiss or motion for summary judgment, a 

complainant may respond to the motion(s) within 10 days. See 14 CFR §§ 16.23(b)(3) and (c)(3). 

Within an additiona130 days after that time period, the Director may dispose of the motion, and 

if the motion is denied in whole or in part or granted in part, the Respondent's answer is due 

within 20 days of the disposition of the motion. See 14 CFR §§ 16.23(b)(4) and (c)(4). In 

addition, if a motion is not acted upon by the 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). 

In this 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 of the Respondent's motions. Because it appears the parties may not have 

been aware of this change in the Part 16 proceedings process, the FAA clarifies the timeline here. 

If the Complainant wishes to reply to the Respondent's motion to dismiss or motion for summary 

judgment, he may do so by July 18, 2014. 
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Pursuant to 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 

Complainant has already submitted a reply to the Respondent's answer, upon the Director's 

disposal of the motion or upon the passage of the 30 days, the next pleading that will be due 

within 20 days of that date will be the Respondent's rebuttal. 

Sincerely, 

Ellen 

~F Erichsen 

Attorney, Airports Law Branch 

FAA Office of the Chief Counsel 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on IU! 1 4 7014 , I caused to be sent via electronic 

mail and placed in the United States mail (first class mail, postage paid), a true copy of the 

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 of St. 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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sh~iOllg {7~/ Airports & Environmental L Division 

FAA Office of the Chief unsel 

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