### UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATI WASHINGTON, D.C. FLIGHTLINE GROUND, INC., d/b/a FLIGHTLINE FIRST, Complainant, 

# --~rEn~

# fEW DCL 10 2014 PART 16 DOCKETS


### v. ) ) 

### ) ) ) ) ) ) ) ) 

### DOCKET NO. 16-11-01 LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, AS SUCCESSOR TO THE LOUISIANA DIVISION OF ADMINISTRATION and THE BOARD OF ) COMMISSIONERS FOR THE MANAGEMENT) OF THE LAKEFRONT AIRPORT; ) NON-FLOOD PROTECTION ASSET ) MANAGEMENT AUTHORITY, AS ) SUCCESSORTO THE BOARD OF ) COMMISSIONERS OF THE ORLEANS ) PARISH LEVEE DISTRICT and ORLEANS ) PARISHLEVEE DISTRICT, DIVISION OF ) NON-FLOOD ASSETS, ) Respondents. ) 

### ) 

### COMPLAINANT'S OBJECTION TO COMPLETE BREAKDOWN OF DUE PROCESS AT THE FAA- DEATH BY NEGLECT COMES NOW, Flightline Ground, Inc., d/b/a Flightline First (hereinafter "Fiightline" or "Complainant"), Complainant in the above-captioned matter, pursuant to the Fifth Amendment to the Constitution ofthe United States ofAmerica and 49 USC §46110(d), and objects to the FAA's failure to issue a final order by September 16,2013, on the following: I. The Complainant filed its Appeal ofComplainant from Director's Determination with the FAA DocketNo. 16-11-01 on or.aboutNovember 14,2012. [See Exhibit I, attached]. 2. Pursuantto 14 CFR §16.33(d), "The Associate Administrator will issue a fmal decision and order within sixty days after the due date ofthe reply."

13. The reply was due within twenty days ofNovember 14,2012, pursuant to 14 CFR §16.33(d). Respondent's reply was timely submitted on or about November 29,2012. [See Exhibit 2, attached]. 4. In light ofthe foregoing, the reply ofRespondents was due on December 3, 2012. 5. The decision ofthe Administrator was due on February I, 2013. 6. The Complainant was entitled to due process oflaw under the Fifth Amendment to the Constitution ofthe United States ofAmerica, and due process includes and embraces a timely adjudication and resolution ofthe issues before the FAA in this proceeding. 7. An absolute, complete and total breakdown ofprocedural due process has taken place in this matter as evidenced by the following: (a) On January 30, 2013, the FAA gave itselfa first extension oftime to render a decision until June 2, 2013. [See Exhibit 3, attached]. (b) Complainant objected to the FAA's first extension onMarch 7, 2013. [See Exhibit 4, attached]. (c) On June 7, 2013, five days after the deadline expired, the FAA granted itselfa second extension until September 16, 2013. [See Exhibit 5, attached]. (d) Complainant objected to the FAA's second extension on June 20, 2013. [See Exhibit 6, attached]. (e) On September 17, 2013, the FAA accorded itselfa third extension oftime until January 31, 2014. [See Exhibit 7, attached]. (f) Complainant objected to the FAA's third extension on or about September 18, 2013. [See Exhibit 8, attached]. (g) On January 30, 2014, the FAA granted itselfa fourth extension until June 2, 2014, the anniversary ofthe first deadline extension. [See Exhibit 9, attached]. (h) On June 2, 2014, the FAA granted itselfa fifth extension until October 1, 2014. [See Exhibit 10, attached]. 28. The Associate Administrator, without giving any explanation and without giving anyjustification has arbitrarily and capriciously published and served a Notice ofExtension ofTime dated January 30, 2013 giving the Associate Administrator until June 2, 2013, to render the Final Agency Decision in this matter. 9. As ofthe date on which this Objection is dictated, the Associate Administrator has failed to meet the fifth deadline set for October 1, 2014. 1

0. The Associate Administrator, having failed to meet the deadline ofFebruary 1, 2013, and then having failed to meet five (5) deadline extensions running through October 1, 2014, has denied Complainant due process oflaw in violation ofthe Fifth Amendment to the Constitution ofthe United States ofAmerica. 11. Not only has the Associate Administrator violated the FAA's Rules ofPractice by failing to issue a final decision by February 1, 2013, but even to the extent the Associate Administrator arrogated to himselfthe right (even ifsuch right exists) to extend the deadline to issue a fmal decision to October 1, 2014, the Associate Administrator has failed to meet and satisfy his own deadlines. The action/inaction ofthe Associate Administrator in failing to meet the regulatory deadlines, in arbitrarily granting himselffive extensions oftime, and then failing to meet his own extended deadlines, illustrates a government agency that is incapable ofadministering due process oflaw, since it has violated its own procedural rules in violation ofthe Fifth Amendment due process rights ofComplainant and as prohibited in Vitarelli v. Seaton, 359 U.S. 535 (1959), where the United States Supreme Court refused to sanction an agency's non-compliance with its own procedural rules. 12. For all ofthe above and foregoing reasons, the Complainant herein, pursuant to 49 USC §46110(d) objects to the Associate Administrator's failure to issue a final decision by October 1, 2014, a date the Associate Administrator set for himselfin his fifth Notice ofExtension ofTime served June 7, 2013.

3

### Respectfully submitted

# this~**~f** October, 2014.

2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 P: 770-451-0313 F: 770-451-0317 alan@alanarmstronglaw.com 

# AJc:.._ 

# A r& .rJm,J f Alan Armstrong 

# <r-· GA Bar No. 02207 Counsel for Complainant, Flightline Ground

4CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have tills day served the Complainant in the foregoing matter with the foregoing COMPLAINANT'S OBJECTION TO COMPLETE 

# r-.c.v e-y BREAKDOWN OF DUE PROCESS AT THE FAA- DEATH BY NEGLECT via United Stares Mail, first elass postage preJlaid, to all counsel ofrecord:
Brandon Brown, Esq. Louisiana DOT 120I Capital Access Road Office S304/S305 Baton Rouge, LA 70804 Attorney for Louisiana Department of Transportation J.E. Murdock III, Esq. 5034 Nebraska Avenue Washington, DC 20008 Attorney for Non-FloodProtection Gerard G. Metzger, Esq. Charles T. Curtis, Jr., Esq. Gerald G. Metzger APLC 829 Baronne Street New Orleans, LA 70113 Attorneys for Non-Flood Protection ManagementAuthority

ManagementAuthority**~** Respectfully submitted this the___!}__::._ day ofOctober, 2014.

Alan Armstrong

5

### '· 

# • ALAN ARMSTRONG ATTORNEYAT LAW 

# •

(770)

**451~0313** FAX (770) 451-0317 2900 CHAMBLEE-TUCKER ROAD BUILDING 5, SUITE 350 ATLANTA, GEORGIA 30341 alan@alanarmstronglaw.com www.alanarmstronglaw.com

November 13, 2012

Office ofthe ChiefCounse1 ATTN: FAA Part 16 Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 

### Via FederalExpress

Re: Flightline Ground, Inc., d/b/a Flightline Firstv. Louisiana Department ofTransportation and Development, as Successor to the Louisiana Division ofAdministration and the Board ofCommissioners for the Management ofthe Lakefront Airport; Non-Flood Protection Asset ManagementAuthority, as Successor to the Board ofCommissioner Ofthe Orleans Parish Levee District, Division ofNon-Flood Assets DocketNo. 16-11-01 Dear Sir/Madam: Enclosed please find an original and three copies ofthe Appeal ofComplainant from Director's Determination rendered on October 16,2012. My client, Flightline Ground, Inc., d/b/a Flightline First is the Complainant inthis matter. Pursuant to 14 C.F.R. §16.33(b), my client appeals the Director's Determinationto the Associate Administrator. Please file stamp the enclosed front page ofthe Appeal ofComplainant and return it to the undersigned in the prepaid, self-addressed envelope enclosed for your convenience. Service copies ofthis Appeal have been served upon opposing counsel.



### EXHIBIT

# •
Page2 Office ofChiefCounsel November 13, 2012

Thank you for your attention inthis matter.



### AA/kjw Enclosures cc: Gerard Metzger, Esq. Charles T. Curtis Attorneys for Non-Flood Protection Asset Management Authority
Brandon Brown, Esq. Attorney for Louisiana Department of Transportation and Development J.E. Murdock III, Esq. 5034 Nebraska Avenue Washington,DC 20008 Attorney for Non-Flood Protection Asset Management Authority 

# •

Bestregards,



# .,fjerarafi. :Metzger

VIA UPS 

# (j'E'R.Jt:R'D 

# §. :M'E'IZ§'E:R .J!l 

# Professiona{ Law Coryoration 829 13aronne Street :New OrCeans, Louisiana 70113 'Te(eylione: (504) 581-9322 ]'acsimiCe: (504) 581-2773

November29, 2012
and EMAIL: 9-AWA-AGC-Part-16@faa.gov Office .of the Chief Counsel

. Attn; FAA Part 16 Airport Proceedings Docket

AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Re: Flightline Ground, Inc. d/b/a Flightline First v. Louisiana Dept. ofTransportation and Development, et al Docket No. 16-11"01

.Dear Sir/Madam: CliarCes 'I'. Curtis, Jr. :Marcy :Jf. :Monrose

Enclosed please find an original and four copies ofthe Reply of Respondent to the Appeal of Complainant From Director's Determination rendered on October 16, 2012. Please file stamp the enclosed front page of the Reply and return it to the undersigned in the prepaid, self-addressed envelope enclosed. Copies ofthis Reply have been served on opposing counsel. Thanking you, !remain

CTC/tt Enclosures cc: Brandon Brown, Esq. Alan Armstrong, Esq. J.E. Murdock, Ill, Esq. Very truly yours,

# C!fa:L-;:6:~- -- CHARLEST. CURTIS, 

### J**~----** 

### ---

# ccurtis@metzgerlawfirm.~---**~** ,; 

# I EXHIBIT 

## 2_UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Flightline Ground, Inc. Complainant 

### v. Louisiana Department OfTransportation And Development, As Successor To The Louisiana Division OfAdministration And The Board Of Commissioners For The Management OfThe Lakefront Airport; Non-Flood Protection Asset Management Authority, As Successor To The Board OfCommissioners OfThe Orleans Parish Levee District And Orleans Parish Levee District, Division OfNon-Flood Assets. Respondent FAA Docket No. 16-11-01

NOTICE OF EXTENSION OF TIME
This matter is before the Federal Aviation Administration (FAA) based on the abovereferenced complaint, filed in accordance with FAA Rules of Practice for Federally-Assisted AirportEnforcement Proceedings, 14 CPR, Part 16. Pursuant to 14 CPR, Part 16, subpart B, the date by which the Final Agency Decision will be issued in this matter is hereby extended to on or about June 2, 2013. ropriate for a fair and complete determination in this

hrista Fomarotto Associate Administrator

For Airports 

### JAN 30 2013 Date

EXH\811 

# 3

### CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 

### :3. n , 2013, I caused to be placed in the United States mail (first class mail, postage paid) a true copy ofthe Notice ofExtension of Time to to on or about June 2, 2013 for the Associate Administrator ofAirports to issue a Final Agency Decision for FAA Docket 16-11-01, addressed to: Complainant Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 Counsel for Respondent Brandon Brown, Esq. General Counsel Louisiana Department ofTransportation and Development 1201 Capital Access Road Office S304/S305 Baton Rouge, LA 70804 Gerald G. Metzger, Esq. Charles Curtis, Esq. Metzger Law Firm 829 Baronne Street New Orleans, LA 70113 Hand Delivered to: FAA Part 16 Airport Proceedings Docket FAAAirport Compliance and Management Analysis, ACO-l00 FAA Southwest Region, ASW-600

# a~au Anne Torgerson Airport Compliance and Management

Analysis

### UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. FLIGHTLINE GROUND, INC., d/b/a FLIGHTLINE FIRST, Complainant, 

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### v. ) ) ) ) ) 

### DOCKET NO. 16-11-01 ) 

### LOUISIANA DEPARTMENT OF ) TRANSPORTATION AND ) DEVELOPMENT, AS SUCCESSOR TO ) THE LOUISIANA DIVISION OF ) ADMINISTRATION and THE BOARD OF ) COMMISSIONERS FOR THE MANAGEMENT) OF THE LAKEFRONT AIRPORT; ) NON-FLOOD PROTECTION ASSET ) MANAGEMENT AUTHORITY, AS ) SUCCESSORTO THE BOARD OF ) COMMISSIONERS OF THE ORLEANS ) PARISH LEVEE DISTRICT and ORLEANS ) PARISHLEVEE DISTRICT, DIVISION OF ) NON-FLOOD ASSETS, ) Respondents. ) )


### COMPLAINANT'S OBJECTION TO NOTICE OF EXTENSION OF TIME COMES NOW, Flightline Ground, Inc., d/b/a Flightline First (hereinafter "Flightline" or "Complainant''), Complainant in the above-captioned matter, pursuant to the Fifth Amendment to the Constitution of the United States of America and 49 USC §46110(d), and objects to the FAA's Notice ofExtension ofTime served January 30,2013 for the following reasons: l. 

### The Complainant filed its Appeal ofComplainant from Director's Determination with the FAA in FAA Docket No. 16-H-01 on or about November 14, 2012; 2. Pursuant to 14 CFR §16.33(d), "the Associate Administrator will issue a final decision and order within sixty days after the due date ofthe reply."

1 

### EXHIBIT

### 3. The reply was due within twenty days of November 14, 2012 pursuant to 14 CFR §16.33(c). 4. Accordingly, 

### the reply ofthe Respondents was due on December 3, 2012. 5. The decision ofthe Associate Administrator was due on February 1, 2013. 6. The Complainant is entitled to due process oflaw under the Fifth Amendment ofthe Constitution ofthe United States ofAmerica, and due process includes and embraces a timely adjudication and resolution ofthe issues before the FAA inthis proceeding. 7. The Associate Administrator, without giving any explanation and without giving any · justification has arbitrarily and capriciously published and served the Notice of Extension ofTime dated January 30, 2012 giving the Administrator until June 2, 2013
to render the Final Agency Decision in this matter. 8. The Administrator has arbitrarily and capriciously, and without anyjustification stated in the Notice ofExtension ofTime granting himselfan extension oftime until June 2, 2013 when Complainant requires a just and expedited determination of its rights in these proceedings, including a determination by the Associate Administrator within sixty (60) days ofthe service date ofthe reply due from the Respondent. 9. The Administrator has violated, without justification, his own operating rules and practices by arbitrarily and capriciously giving himself an Extension of Time until June 2, 2013. See Vitarelli 

### v. Seaton, 

### 359 U.S. 535 (1959), where the Supreme Court refused to sanction an agency's non-compliance with its own procedural rules. 10. For all of the reasons set forth above, the Complainant herein, pursuant to 49 USC §44110(b) objects to the Administrator's Notice ofExtension ofTime served January 30, 2013.

2

### Respectfully submitted this the 5'11 

### day of

### March, 2013,

Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 P: 770A5L0313 F: 770A5L0317 alan@alanarmstronglaw,com

3 (


### Alan strong GA BarNo, 

### 022075 Counselfor Complainant, Flig¥tlineCERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day served the Respondents or their counsel of record in the foregoing matter with the foregoing COMPLAINANT'S OBJECTION TO NOTICE OF EXTENSION OF TIME via United States Mail to all counsel ofrecord:
Brandon Brown, Esq. Louisiana DOT 1201 Capital Access Road Office S304/S305 BatonRouge, LA 70804 Attorney for Louisiana Department of Transportation Gerard G. Metzger, Esq. Charles T. Curtis, Jr., Esq. Gerald G. Metzger APLC 829 Baronne Street New Orleans, LA 70113 Attorneys for Non-Flood Protection ManagementAuthority J.E. Murdock 

### IH, Esq. 5034 Nebraska Avenue Washington, DC 20008 Attorney for Non-FloodProtection ManagementAuthority
Respectfully submitted this the 5th day ofMarch, 2013.

Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 P: 770.451.0313 F: 770.451.0317 alan@alanarmstronglaw.com Alan Armstrong GA BarNo. 022075 Counsel for Complainant, Fligh

4(770) 451-0313 FAX (770) 451-0317

Office ofthe ChiefCounsel ALAN ARMSTRONG ATTORNEY AT LAW
2'900 GH.A..l'iBLEE-')['UGJKER ROAD BU]LDThTG 5, SUITE 350 ATI...Ah'TA, GEORGIA 3034-1 March 5, 2013

AT1N: FAA Part 16 Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 alan@alanarmstronglaw.com www.alanarmsrronglaw.com

Re: Flightline Ground, Inc., d/b/a Flightline First v. Louisiana Department ofTransportation and Development, as Successor to the Louisiana Division ofAdministration and the Board ofCommissioners for the Management ofthe Lakefront Airport; Non-Flood ProtectionAsset Management Authority, as Successor to the Board ofCommissioner Ofthe Orleans Parish Levee District, Division ofNon-Flood Assets Docket No. 16-11-01 Dear Sir/Madam: Enclosed please find an original and three copies ofComplainant's Objection to Notice ofExtension ofTime. Please file stamp the enclosed front page ofthe Objection and return it to the undersigned in the prepaid, self-addressed envelope enclosed for your convenience. Service copies of

### this Objection have been served upon opposing counsel. Thank you for your attention in this matter.

AA/kjw Enclosures cc: Genrrd Metzger, Esq. Charles T. Curtis, Esq. Brandon Brown, Esq. J.E. Mmdock 

### m, Esq. Bestregards,



# A~J4flsi Alan Armstrong 

# J--

# • •

UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC
Flightline Ground, Inc. Complainant V. Louisiana Department OfTransportation And Development, As Successor To The Louisiana Division OfAdministration And The Board Of Commissioners For The Management OfThe Lakefront Airport; Non-Flood Protection Asset Management Authority, As Successor To The Board OfCommissioners OfThe Orleans Parish Levee District And Orleans Parish Levee District, Division OfNon-Flood Assets. FAA Docket No. 16-ll-01

Respondent

NOTICE OF EXTENSION OF TIME
Tills matter is before the Federal Aviation Administration (FAA) based on the abovereferenced complaint, filed in accordance 

### with FAA Rules of Practicefor Federally-Assisted Airport Enforcement Proceedings, 14 CFR, Part 16. Pursuant to 14 CFR, Part 16, subpart B, the date by which the Final Agency Decision will be issued in this matter is hereby extended to on or about September 16, 2013. An extension oftime is neces

Associate Administrator

for Airports and appropriate for a fair and complete determination in this


### JUN 07 2013 Date

**~** 

### £){\l1BI1

**~** 

### i 

# s

**~**CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on June /() , 2013, I caused to be placed in the United States mail (first class mail, postage paid) a true copy oftheNotice ofExtension of Time to on orabout September 16, 2013 for the Associate Administrator ofAirports to issue

a Final Agency Decision for FAA Docket 16-11-01, addressed to: Complainant AlanArmstrong Attorney atLaw 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 Counsel for Respondent BrandonBrown, Esq. General Counsel Louisiana Department ofTransportation and Development 1201 CapitalAccess Road Office S304/S305 Baton Rouge, LA 70804 Gerald G. Metzger, Esq. Charles Curtis, Esq. Metzger Law Firm 829 Baronne Street New Orleans, LA 70113 Hand Delivered to: FAAPart 16 Airport Proceedings Docket FAA Airport Compliance andManagement Analysis, AC0-100 FAA SouthwestRegion, ASW-600



# {)w.~U.J#<• nne Torgerson Office ofAirport Compliance and

ManagementAnalysis 

## .,U,S.DepartmentolTransportationFederalAviationAdministration800IndependenceAvenueSW.ngtonDC20591.WAForm1360·12·(Z'SZ)ALANARMSTRONGATTORNEYATLAW2900CHAMBLEETUCKERRDBLDG5,STE350ATLANTAGA30341'"'.11{)Llb/"J{j.:'iC'

# • •

UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. 

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**11.......:=====---~** AIRPORT/ENVIRON MENTAL 

### FLIGHTLINE GROUND, INC., d/b/a FLIGHTLINE FIRST, ) ) ) ) ) 

### ) **~-----L~A\~~·~AG~C-~6~~-----** 

### Complainant, 

### v. LOUISIANA DEPARTMENT OF ) TRANSPORTATION AND ) DEVELOPMENT, AS SUCCESSOR TO ) THE LOUISIANA DIVISION OF ) ADMINISTRATION and THE BOARD OF ) COMMISSIONERS FOR THE MANAGEMENT) OF THE LAKEFRONT AIRPORT; ) NON-FLOOD PROTECTIONASSET ) MANAGEMENT AUTHORITY, AS ) SUCCESSORTO THE BOARD OF ) COMMISSIONERS OF THE ORLEANS ) PARISHLEVEE DISTRICT and ORLEANS ) PARISHLEVEE DISTRICT,DIVISION OF ) NON-FLOOD ASSETS, ) Respondents. ) ) 

### DOCKET NO. 16-H-01

COMPLAINANT'S OBJECTION TO FAILURE OF THE ASSOCIATE ADMINSTRATOR TO ISSUE A FINALDECISION EVEN WITHIN THEEXTENDED TIMELIMITATIONS COMES NOW, Fiightline Groood, Inc., d/b/a Flighdine First (hereinafter "Flightline" or "Complainant"), Complainant in the above-captioned matter, pmsuant to the Fifth Amendment to the Constitution of the United States of America and 49 USC §46HO(d), and objects to the FAA's failme to issue a final 

### order by 

### June 2, 2013, on the following

**grom~ds:** 

### l. The Complamant filed its Appeal ofComplainant fiom Director's Determination with the FAA in

### FAA Docket No. 16-11-01 on or about November 14,2012.

1

**~** 

### EXHIBIT

**~** 

# r;; I

### 2. Pursuant to 14 CFR §!6.33(d), "The Associate Administrator will Issue a final decision and order within sixty days after the due date ofthe reply." 3. The reply was due within twenty days of November 14, 2012, pursuant to 14 CFR §16.33(c). 4. In 

### light ofthe foregoing, the reply ofRespondents was due on December 3, 2012. 5. The decision ofthe Associate Administrator was due on February 1, 2013. 6. The Complainant is entitled to due process oflaw under the Fifth Amendment to the Constitution ofthe United States ofAmerica, and due process includes and embraces a timely adjudication and resolution ofthe issues before the FAA in this proceeding. 7. The Associate Administrator, without giving any explanation and without giving any justification has 

### arbitrarily and capriciously published and served a Notice of Extension of Time dated January 30, 2013 giving the Associate Administrator until June 2, 2013, to render the Final Agency Decision inthis matter. 8. As of the date on which this Objection is dictated, the Associate Administrator has failed to meet the extension deadline set for June 2, 2013. 9. The Associate Administrator, having failed to meet the deadline ofFebruary 

### I, 2013, and then having failed to meet 

### his own deadline of June 2, 2013, has denied Complainant due process of law in violation of the Fifth Amendment to the Constitution ofthe United States ofAmerica. 10. Not only has the Associate Administrator violated the FAA's Rules of Practice by failing to issue a final decision by February 

### I, 2013, but even to the extent the Associate Administrator arrogated to himself the right (even if such right exists) to extend the deadline to issue a final decision by June 2, 2013, even then the Associate

2Administrator has failed to meet and satisfy his own deadline. The conflict of the Associate Administrator in failing to meet the regulatory deadlines, in arbitrarily issuing to himself an extension of time, and then failing to meet his own extended deadline, portrays a government which violates its own procedural rules in violation of the Fifth Amendment due process rights of Complainant and as prohibited in 

### Vitarelli

v. Seaton, 359 U.S. 535 (1959), where the United States Supreme Court refused to sanction an agency's non-compliance with its own procedural rules. 11. For all of the above and foregoing reasons, the Complainant herein, pursuant to 49 USC §4611 0(d) objects to the Associate Administrator's failure to issue a final decision by June 2, 2013, a date the Associate Administrator set for himself in his Notice ofExtension ofTime served January 30,2013. Respectfully submittedthis the 11th day ofJune, 2013.

Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 

### 5, Suite 

### 350 Atlanta, GA 30341 

### P: 770.451.0313 F: 770.451.0317 alan@alanarmstronglaw.com

3 Alan Armstrong GA Bar No. 022075 

### Counsel for Complainant, FlightlineCERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day served the Respondents or their counsel of record in the foregoing matter with the foregoing COMPLAINANT'S OBJECTION TO FAILURE OF THE ASSOCIATE ADMINISTRATOR TO ISSUE A FINAL DECISION EVEN WITHIN THE EXTENDED TIME LIMITATIONS via United States Mail, fust class postage prepaid, to all counsel ofrecord:
Brandon Brown, Esq. Louisiana DOT 1201 Capital Access Road Office S304/S305 Baton Rouge, LA 70804 Attorney for Louisiana Department of Transportation J.E. Murdock 

### Ill, Esq. 5034 NebraskaAvenue Washington, DC 20008 Attorney for Non-FloodProtection ManagementAuthority Gerard G. Metzger, Esq. Charles T. Curtis, Jr., Esq. Gerald G. Metzger APLC 829 Baronne Street New Orleans, LA 70113 Attorneys for Non-FloodProtection ManagementAuthority

Respectfully submitted this the 11th day ofJune, 2013.

Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 P: 770.451.0313 F: 770.451.0317 alan{a),alanarmstronglaw.com 

# 4£/4---

Ahm Annstmng GA BarNo. 022075 Counsel for Complainant, Flightline

4(770) 451-0313 FAX (770)

**451~03.17**

Office ofthe ChiefCounsel ALAN ARMSTRONG ATTOBNJEY AT LAW
2900 GRA.MBLEE-TUCKER ROAD BUILDING 5, SUJ[TE 350 A"!'LAN'J'A, GEORGJLA 30:341 June 11, 2013

ATTN: FAA Part 16 Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 alan@alanarmstronglaw.com www.alanarmstronglaw.com

Re: Flightline Ground, Inc., d/b/a Flightline First v. Louisiana Department ofTransportation and Development, as Successorto the Louisiana Division ofAdministration and the Board ofCommissioners for the Management ofthe Lakefront Airport; Non-Flood Protection Asset Management Authority, as Successor to the Board ofCommissioner Ofthe Orleans Parish Levee District, Division ofNon-Flood Assets Docket No. 16-11-01 Dear Sir/Madam: Enclosed please fmd an original and three copies ofComplainant's Objection to Failure ofthe Associate Administrator to Issue a Final Decision Even Within the Extended Time Limitations. Please file stamp the enclosed front page ofthe Objection and return itto the undersigned in the postage prepaid, self-addressed envelope enclosed for yom convenience. Service copies ofthis Objectionhave been served upon opposing counsel. Thank you for your attention inthis matter.

AA/kjw Enclosures cc: Gerard Metzger, Esq. Charles T. Curtis, Esq. Brandon Brown, Esq. J.E. Murdock HI, Esq. Bestregards, 

# Ls."'k..J...---.._UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Flightline Ground, Inc. Complainant 

### v. Louisiana Department OfTransportation And Development, As Successor To The Louisiana Division OfAdministrationAnd The Board Of Commissioners For The Management OfThe Lakefront Airport; Non-Flood Protection Asset Management Authority, As Successor To The Board OfCommissioners OfThe Orleans Parish Levee District And Orleans Parish Levee District, Division OfNon-Flood Assets. FAADocket No. 16-11-01

Respondent

NOTICE OF EXTENSION OF TIME
This matter is before the Federal AviationAdministration (FAA) based onthe abovereferenced complaint, filed in accordance with FAA Rules of Practice for Federally-Assisted AirportEnforcement Proceedings, 14 CFR, Part 16. Pursuantto 14 CFR, Part 16, subpart B, the date by which the Final Agency Decision will be issued inthis matter is hereby extended to on or about January 31,2014. extension oftime is necessary and appropriate for a fair and complete determination in this

ChristaFomarotto Associate Administrator

for Airports 

## SEP 17 2013 Date



### EXHIBITCERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 

# !/ , 2013, I caused to be placed in the United States mail (first class mail, postage paid) a true copy ofthe Notice ofExtension of Time to on or about January 31, 2014, for the Associate Administrator ofAirports to issue a Final Agency Decision for FAA Docket 16-11-01, addressed to: Complainant Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 3034! Counsel for Respondent Brandon Brown, Esq. General Counsel Louisiana Department ofTransportation and Development 1201 Capital Access Road Office S304/S305 Baton Rouge, LA 70804 Gerald G. Metzger, Esq. Charles Curtis, Esq. Metzger Law Firm 829 Baronne Street New Orleans, LA 70113 Hand Delivered to: FAA Part 16 Airport Proceedings Docket FAA Airport Compliance and Management Analysis, AC0-100 FAA Southwest Region, ASW-600



# ~~~~./ e Torgerson Airport Compliance and Management

AnalysisAtvYtODU.S.DepartmentofTransportationFederalAviationAdministration800IndependenceAve.,S.W..aflrhington,D.C.20591WaialBusinessPenaltytorPrilla!eUse$300MRALANARMSTRONGATTORNEYATLAW2900CHAMBLEETUCKERRDBLDG5STE350ATLANTAGA30341will::t:O'i6H26522CCi'1"<!\,09.h8f2D·J3i:lli><i<Wfn:m;;2059'1USPOSTAGEcocrs.ij'I•ll•iliij'i'll!iJI·'1'li!IIIIIiIiHHlIli•i•I'1'jjliJiIIiJl.i

# • •

UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. FLIGHTLINE GROUND, INC., d/b/a FLIGHTLINE FIRST, Complainant, 

### v. ) ) ) ) ) ) 

### LOUISIANA DEPARTMENT OF ) TRANSPORTATION AND ) DEVELOPMENT, AS SUCCESSORTO ) THE LOUISIANA DIVISION OF ) ADMINISTRATION and THE BOARD OF ) COMMISSIONERS FORTHE MANAGEMENT) OF THE LAKEFRONT AIRPORT; ) NON-FLOOD PROTECTION ASSET ) MANAGEMENT AUTHORITY, AS ) SUCCESSOR TO THE BOARD OF ) COMMISSIONERS OF THE ORLEANS ) PARISH LEVEE DISTRICT and ORLEANS ) PARISH LEVEE DISTRICT, DIVISION OF ) NON-FLOOD ASSETS, ) Respondents. ) ) 

### DOCKET NO. 16-11-01

COMPLAINANT'S OBJECTION TO FAILURE OF THE ASSOCIATE ADMINSTRATOR TO ISSUE A FINAL DECISION EVEN WITHIN THE EXTENDED TIME LIMITATIONS COMES NOW, Fiightline GroUild, Inc., d/b/a Flightline First (hereinafter "Flightline" or "Complainant"), Complainant in the above-captioned matter, pmsuant to the Fifth Amendment to the Constitution of the United States of America and 49 USC §46110(d), and objects to the FAA's failure to issue a final order by September 16,2013, on the following grounds: l. 

### The Complainant filed its Appeal ofComplainant from Director's Determination with 

### the FAA in FAA Docket No. 16-11-01 on or about November 14,2012.

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2. Pursuant to 14 CFR §16.33(d), "The Associate Administrator will 1ssue a final decision and order within sixty days after the due date ofthe reply." 3. The reply was due within twenty days of November 14, 2012, pursuant to 14 CFR §16.33(c). 4. In light ofthe foregoing, the reply ofRespondents was due on December 3, 2012. 5. The decision ofthe Associate Administrator was due on February 1, 2013. 6. The Complainant is entitled to due process oflaw under the Fifth Amendment to the Constitution ofthe United States ofAmerica, and due process includes and embraces a timely adjudication and resolution ofthe issues before the FAA in this proceeding. 7. The Associate Administrator, without giving any explanation and without giving any justification has arbitrarily and capriciously published and served a Notice of Extension of Time dated January 30, 2013 giving the Associate Administrator until June 2, 2013, to render the Final Agency Decision in this matter. 8. As of the date on which this Objection is dictated, the Associate Administrator has failed to meet the extension deadline set for June 2, 2013. 9. The Associate Administrator, having failed to meet the deadline ofFebruary 1, 2013, and then having failed to meet his own deadline 

### ofJune 2, 2013, and further having failed to meet the deadline ofSeptember 16, 2013 has denied Complainant due process oflaw in violation ofthe Fifth Amendment to the Constitution ofthe United States of America. 

### ., 10. Not only has the Associate Administrator violated the FAA's Rules of Practice by failing to issue a final decision by February 1, 2013, but even to the extent the Associate Administrator arrogated to himself the right (even if such right exists) to

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extend the deadline to issue a final decision by June 2, 2013, and then to extend it further to September 16, 2013, even then the Associate Administrator has failed to meet and satisfy his own deadlines. The conflict of the Associate Administrator in failing to meet the regulatory deadlines, in arbitrarily issuing to himself an extension of time, and then failing to meet his own extended deadline, portrays a govermnent which violates its own procedural rules in 

### violation of the Fifth Amendment due process rights of Complainant and as prohibited in Vitarelli v. Seaton, 359 U.S. 535 (1959), where the United States Supreme Court refused to sanction an agency's non-. compliance with its own procedural rules. 11. For all of the above and foregoing reasons, the Complainant herein, pursuant to 49 USC §46110(d) objects to the Associate Administrator's failure to issue a final decision by September 16, 2013, a date the Associate Administrator set for himselfin his Notice ofExtension ofTime served June 7, 2013. Respectfully submitted this the 18th day ofSeptember, 2013.

Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 P: 770.451.0313 F: 770.451.0317 alan@alanannstronglaw.com

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# A-::6.,i74/()~ GA Bar No. 022075 Counsel for Complainant, Flightline

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CERTIFICATE OF SERVICE I, the undersigned, do hereby certify thai I have this day served the Respondents or their counsel ofrecord in the foregoing matter with the foregoing COMPLAINANT'S OBJECTION TO FAILURE OF THE ASSOCIATE ADMINISTRATOR TO ISSUE A FINAL DECISION EVEN WITHIN THE EXTENDED TIME LIMITATIONS via United States Mail, first class postage prepaid, to all counsel ofrecord:
Brandon Brovvn, Esq. Louisiana DOT 1201 Capital Access Road Office S304/S305 Baton Rouge, LA 70804 Attorney for Louisiana Department of Transportation 

### lE. Murdock III, Esq, 5034 Nebraska Avenue Washington, DC 20008 Attorney for Non-FloodProtection ManagementAuthority 

### Gerard G. Metzger, Esq. Charles T. Curtis, Jr., 

### Esq. Gerald G. Metzger APLC 829 Baronne Street New Orleans, LA 70113 Attorneys for Non-FloodProtection ManagementAuthority



### Respectfully submitted this the 

## 18th day ofSeptember, 2013.

Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 P: 770.451.0313 F: 770.451.0317 alan@alanarmstronglaw,com Counsel for Complainant, Flightline

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UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC
Flightline Ground, Inc. Complainant v. Louisiana Department OfTransportation And Development, As Successor To The Louisiana Division OfAdministration And The Board Of Commissioners For The Management OfThe Lakefront Airport; Non-Flood Protection Asset Management Authority, As Successor To The Board OfCommissioners OfThe Orleans Parish Levee District And Orleans Parish Levee District, Division OfNon-Flood Assets. Respondent FAA Docket No. 16-11-01

NOTICE OF EXTENSION OF TIME
This matter is before the Federal Aviation Administration (FAA) based on the abovereferenced complaint, filed in accordance with FAA Rules of Practice for Federally-Assisted AirportEnforcementProceedings, 14 CFR, Part 16. Pursuant to 14 CFR, Part 16, subpart B,

,the date by which the Final Agency Decision will be issued in this matter is hereby extended

to on or about June 2, 2014. An extension oftime is necessary and appropriate for a fair and complete determination in this case.



# ~?~~- Benito DeLeon Acting Associate Administrator

for Airports

EXHIBIT

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 

# .J..-r2 ,2014, I caused to be placed in the United States mail (first class mail, postage paid) a true copy ofthe Notice ofExtension of Time to on or about June 2, 2014 for the Associate Administrator ofAirports to issue a Final Agency Decision for FAA Docket 16-11-01, addressed to: Complainant Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 Counsel for Respondent Brandon Brown, Esq. General Counsel Louisiana Department ofTransportation and Development 1201 Capital Access Road Office S304/S305 Baton Rouge, LA 70804 Gerald G. Metzger, Esq. Charles Curtis, Esq. Metzger Law Firm 829 Baronne Street New Orleans, LA 70113 Hand Delivered to: FAA Part 16 Airport Proceedings Docket FAA Airport Compliance and Management Analysis, AC0-100 FAA Southwest Region, ASW-600

# ~td--r~cv~ e orgerson Office ofAirport Compliance and

Management Analysis.AtJo-(X>IJ;S,Deptmmentoftran$po.ttatlonFederlliiAviatlonAdminiStrationAvo.,S.W.lllngton.o.c.20591reurilnessPonaltyforPrivate!Joe$300ALANARMSTRONGATTORNEYATLAW2900CHAMBLEETUCKERRDBLDG5STE350ATLANTAGA30341i:-:{.is·'"?CtS1'l'1\\•ui\l''"u\piiJl•l\\\1••1i11\l\all"ll\11.I'Ii\<IJ\\'1UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC
Flightline Ground, Inc. Complainant V. LouisianaDepartment OfTransportation And Development, As Successor To The Louisiana Division OfAdministrationAnd The Board Of Commissioners For The Management OfThe Lakefront Airport;

**Non~Flood** Protection Asset Management Authority, As Successor To The Board OfCommissioners OfThe Orleans Parish Levee District And Orleans ParishLevee District, Division OfNon-Flood Assets. Respondent FAA Docket No. 16-11-01

NOTICE OF EXTENSION OF TIME
This matter is before the Federal Aviation Administration (FAA) based onthe abovereferenced complaint, filed in accordance with FAA Rules of Practice for Federally-Assisted AirportEnforcement Proceedings, 14 CFR, Part 16. Pursuant to 14 CFR, Part 16, subpart B, the date by which the Final Agency Decision will be issued in this matter is hereby extended to on or about October 1, 2014. An extension oftime is necessary and appropriate for a fair and complete determination in this case.



# ~P~t~ Benito De Leon Acting Associate Administrator

for Airports

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CERTIFICATE OF SERV[CE
I HEREBY CERTIFY that onJune



## ~ , 2014, I caused to be placed in the United States mail (first class mail, postage paid) a true copy ofthe Notice ofExtension of Time to on or about October 

### 1, 2014 for the Associate Administrator ofAirports to issue a Final Agency Decision for FAA Docket 16-11-01, addressed to: Complainant Alan Armstrong Attorney at Law 2900 Chamblee Tucker Road Building 5, Suite 350 Atlmita, GA 30341 Counsel forRespondent Brandon Brown, Esq. General Counsel Louisiana Department ofTransportation and Development 1201 Capital Access Road Office S304/S305 Baton Rouge, LA 70804 Gerald G. Metzger, Esq. Charles Curtis, Esq. Metzger LawFirm 829 Baronne Street New Orleans, LA 70113 Hand Deliveredto: FAA Part 16 Airport Proceedings Docket lF

### AA Airport Compliance and Management Analysis, AC0-100 FAA So.uthwest Region, ASW-600 

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### ~TOlierso~- Office ofAirport Compliance and

Management Analysis