U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief Counsel 

NOTICE OF DOCKETING 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Please be advised that the complaint filed on behalf of Jet Center Partners, LLC, 

("Complainant") against the County of Montrose, Colorado ("Respondent") filed under the 

Rules of Practice for Federally Assisted Airport Enforcement Proceedings, Title 14 of the 

Code of Federal Regulations part 16 (14 CFR part 16), has been docketed by the Federal 

Aviation Administration's (FAA) Office of the Chief Counsel, as Docket No. 16-15-11, on 

August 26, 2015. 

The Respondent is required to file an answer to the complaint within 20 days of the date of 

service of this notice. See 14 CFR § l6.23(d). The answer shall deny or admit the allegations 

made in the complaint and shall assert any affirmative defenses. 

In lieu of an answer, the Respondent may file a motion to dismiss the complaint or a motion 

for summary judgment on the complaint. See 14 CFR § 16.26. The Respondent may move 

for dismissal of the entire complaint or move for dismissal of specific issues from 

adjudication. The motion must be filed within 20 days after the date of service of this notice 

of docketing. See 14 CFR § 16.26. If such a motion is filed under § 16.26, an answer must be 

filed within 20 days of the date of service of an FAA order denying all or part of that motion. 

See 14 CFR § 16.23(d). 

The Complainant 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 Complainant's 

reply. See 14 CFR § 16.23( e )-(f). The answer, reply, and rebuttal, like the complaint, 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), (i). 

Amendments or supplements to the pleadings will not be allowed without showing good 

cause through a motion and supporting documents. See 14 CFR § 16.23G). 

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, 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-A WA-AGC-Part16@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. 

2 

• 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.regu1ations.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 numbers in unbound copies should be noted on the 

first page of each exhibit or in divider pages. The FAA will forward all electronic 

submissions (like the paper submissions) to FDMS for public viewing. 

(~ 1·. · · . • ~ · 1 /,v{-?,--== , 

Eliza eth Newrn 

Senior Attorney, Airport Law Branch 

Office of the Chief Counsel 

1 This paragraph exempts only the parties from the filing requirements under 14 CFR § 16.13(a)-(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 , I caused to be placed in the 

United States Mail (first class mail, p tage paid) or personally delivered a true copy of the 

foregoing NOTICE OF DOCKETING ad' essed to: 

Counsel for Complainant 

Leonard D. Kirsch 

Shelley A. Ewalt 

McBreen & Kopko 

500 North Broadway 

Jericho, NY 11753 

Respondent 

Lloyd Arnold 

Director of Aviation 

Montrose Regional Airport 

2100 Airport Road 

Montrose, CO 81401 

Counsel for Respondent 

Bobbee J. Musgrave 

Bryan Cave LLP 

1700 Lincoln Street, Suite 4100 

Denver, CO 80203-4541 

Hand-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

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

Christopher Huch 

Airports & Environmental Law Division 

FAA Office of the Chief Counsel 

3