UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATI 

WASHINGTON, D.C. 

FLIGHTLINE GROUND, INC., d/b/a 

FLIGHTLINE FIRST, 

Complainant, 

--~rEn~ fEW 

DCL 1 0 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 ) 

SUCCESSOR TO THE BOARD OF ) 

COMMISSIONERS OF THE ORLEANS ) 

PARISH LEVEE DISTRICT and ORLEANS ) 

PARISH LEVEE 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 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: 

I. The Complainant filed its Appeal of Complainant from Director's Determination with the FAA 

Docket No. 16-11-01 on or.aboutNovember 14,2012. [See Exhibit I, attached]. 

2. Pursuant to 14 CFR §16.33(d), "The Associate Administrator will issue a fmal decision and order 

within sixty days after the due date of the reply." 

1 
3. The reply was due within twenty days of November 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 of the foregoing, the reply of Respondents was due on December 3, 2012. 

5. The decision of the Administrator was due on February I, 2013. 

6. The Complainant was entitled to due process of law under the Fifth Amendment to the 

Constitution of the United States of America, and due process includes and embraces a timely 

adjudication and resolution of the issues before the FAA in this proceeding. 

7. An absolute, complete and total breakdown of procedural due process has taken place in this 

matter as evidenced by the following: 

(a) On January 30, 2013, the FAA gave itself a first extension of time to render a decision until 

June 2, 2013. [See Exhibit 3, attached]. 

(b) Complainant objected to the FAA's first extension on March 7, 2013. [See Exhibit 4, 

attached]. 

(c) On June 7, 2013, five days after the deadline expired, the FAA granted itself a 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 itself a third extension of time 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 itself a fourth extension until June 2, 2014, the 

anniversary of the first deadline extension. [See Exhibit 9, attached]. 

(h) On June 2, 2014, the FAA granted itself a fifth extension until October 1, 2014. [See Exhibit 

10, attached]. 

2 
8. 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. 

9. As of the 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 of February 1, 2013, and then 

having failed to meet five (5) deadline extensions running through October 1, 2014, has denied 

Complainant due process of law in violation of the Fifth Amendment to the Constitution of the 

United States of America. 

11. 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 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 of the Associate Administrator in failing to meet the regulatory deadlines, in 

arbitrarily granting himself five extensions of time, and then failing to meet his own extended 

deadlines, illustrates a government agency that is incapable of administering due process of law, 

since it has violated 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. 

12. 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 October 1, 2014, a date 

the Associate Administrator set for himself in his fifth Notice of Extension of Time 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, Flight line 

Ground 

4 
CERTIFICATE 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 of record: 

Brandon Brown, Esq. 

Louisiana DOT 

120 I 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-Flood Protection 

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 

Management Authority 

Management Authority ~ 

Respectfully submitted this the___!}__::._ day of October, 2014. 

Alan Armstrong 

5 
'· 

• ALAN ARMSTRONG 

ATTORNEY AT 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 of the ChiefCounse1 

ATTN: FAA Part 16 Airport Proceedings Docket 

AGC-610 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Via Federal Express 

Re: Flightline Ground, Inc., d/b/a Flightline First 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 Protection Asset 

Management Authority, as Successor to the Board of Commissioner 

Of the Orleans Parish Levee District, Division of Non-Flood Assets 

Docket No. 16-11-01 

Dear Sir/Madam: 

Enclosed please find an original and three copies of the Appeal of Complainant from 

Director's Determination rendered on October 16,2012. My client, Flightline Ground, Inc., 

d/b/a Flightline First is the Complainant in this matter. Pursuant to 14 C.F.R. §16.33(b), my 

client appeals the Director's Determination to the Associate Administrator. 

Please file stamp the enclosed front page of the Appeal of Complainant and return it to 

the undersigned in the prepaid, self-addressed envelope enclosed for your convenience. 

Service copies of this Appeal have been served upon opposing counsel. 

EXHIBIT 
• 

Page2 

Office of Chief Counsel 

November 13, 2012 

Thank you for your attention in this 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 

• 

Best regards, 

., 
fjerara fi. :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. of Transportation 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 of this 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 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 Successor To The 

Board Of Commissioners Of The Orleans Parish 

Levee District And Orleans Parish Levee District, 

Division Of Non-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 

Airport Enforcement 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 3 0 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 of the Notice of Extension of 

Time to to on or about June 2, 2013 for the Associate Administrator of Airports 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 of Transportation 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, A CO-l 00 

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, 

II r;:;'\o fE ~~ [E u ~ [E [;:;\1 n. :.: IU<, -----1,/ I! 

In 11 .... , ..... 'ill j /1' LJ Jl, 1.! i · / , i, , 1 L.) : )I- I L_ I I 

AIRPORT/ENVIEONI~EIHAl I .._ __ _;;;.u~""'w,~li~c-sg.Q__ ___ ~J 

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 ) 

SUCCESSOR TO THE BOARD OF ) 

COMMISSIONERS OF THE ORLEANS ) 

PARISH LEVEE DISTRICT and ORLEANS ) 

PARISH LEVEE 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 of Extension of Time served January 30,2013 for the following reasons: 

l. The Complainant filed its Appeal of Complainant 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 of the 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 of the Respondents was due on December 3, 2012. 

5. The decision of the Associate Administrator was due on February 1, 2013. 

6. The Complainant is entitled to due process of law under the Fifth Amendment of the 

Constitution of the United States of America, and due process includes and embraces a 

timely adjudication and resolution of the 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 the Notice of 

Extension of Time 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 any justification stated 

in the Notice of Extension of Time granting himself an extension of time 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 of the service date of the 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 of Extension of Time 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 Bar No, 022075 

Counsel for Complainant, Flig¥tline 
CERTIFICATE 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 

Baton Rouge, 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 

Management Authority 

J.E. Murdock IH, Esq. 

5034 Nebraska Avenue 

Washington, DC 20008 

Attorney for Non-Flood Protection 

Management Authority 

Respectfully submitted this the 5th day of March, 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 Bar No. 022075 

Counsel for Complainant, Fligh 

4 
(770) 451-0313 

FAX (770) 451-0317 

Office of the Chief Counsel 

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 

A T1N: FAA Part 16 Airport Proceedings Docket 

AGC-610 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

alan@alanarmstronglaw.com 

www.alanarmsrronglaw.com 

Re: Flightline Ground, Inc., d/b/a Flightline First 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 Protection Asset 

Management Authority, as Successor to the Board of Commissioner 

Of the Orleans Parish Levee District, Division of Non-Flood Assets 

Docket No. 16-11-01 

Dear Sir/Madam: 

Enclosed please find an original and three copies of Complainant's Objection to Notice 

of Extension of Time. 

Please file stamp the enclosed front page of the 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. 

Best regards, 

A~J4flsi Alan Armstrong J--
• • 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Flightline Ground, Inc. 

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 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. 

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 Practice for 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 of time is neces 

Associate Administrator 

for Airports 

and appropriate for a fair and complete determination in this 

JUN 0 7 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 of the Notice of Extension of 

Time to on or about September 16, 2013 for the Associate Administrator of Airports 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 of Transportation 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 

{)w.~U.J#<• nne Torgerson 

Office of Airport Compliance and 

Management Analysis 

., 
ALAN ARMSTRONG ATTORNEY AT LAW 

2900 CHAMBLEE TUCKER RD 

BLDG 5, STE 350 

ATLANTA GA 30341 

'" '.11 {) 

Llb/"J{j.:' iC' 
• • 

UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

[E ~ '13 ~ fR\1 

IIIIJ [0 

I 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 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-H-01 

COMPLAINANT'S OBJECTION TO FAILURE OF THE ASSOCIATE 

ADMINSTRATOR TO ISSUE A FINAL DECISION 

EVEN WITHIN THE EXTENDED TIME LIMITATIONS 

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 of Complainant 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 of the reply." 

3. The reply was due within twenty days of November 14, 2012, pursuant to 14 CFR 

§16.33(c). 

4. In light of the foregoing, the reply of Respondents was due on December 3, 2012. 

5. The decision of the Associate Administrator was due on February 1, 2013. 

6. The Complainant is entitled to due process of law under the Fifth Amendment to the 

Constitution of the United States of America, and due process includes and embraces a 

timely adjudication and resolution of the 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 of February 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 of the 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 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 

2 
Administrator 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 of Extension of Time served January 30,2013. 

Respectfully submitted this the 11th day of June, 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, Flightline 
CERTIFICATE 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 of record: 

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 Nebraska Avenue 

Washington, DC 20008 

Attorney for Non-Flood Protection 

Management Authority 

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 

Management Authority 

Respectfully submitted this the 11th day of June, 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 

Ahm 4£/4--- Annstmng 

GA Bar No. 022075 

Counsel for Complainant, Flight line 

4 
(770) 451-0313 

FAX (770) 451~03.17 

Office of the Chief Counsel 

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 A venue, SW 

Washington, DC 20591 

alan@alanarmstronglaw.com 

www.alanarmstronglaw.com 

Re: Flightline Ground, Inc., d/b/a Flightline First 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 Protection Asset 

Management Authority, as Successor to the Board of Commissioner 

Of the Orleans Parish Levee District, Division of Non-Flood Assets 

Docket No. 16-11-01 

Dear Sir/Madam: 

Enclosed please fmd an original and three copies of Complainant's Objection to Failure 

of the Associate Administrator to Issue a Final Decision Even Within the Extended Time 

Limitations. 

Please file stamp the enclosed front page of the Objection and return it to the undersigned 

in the postage prepaid, self-addressed envelope enclosed for yom convenience. 

Service copies of this Objection have been served upon opposing counsel. 

Thank you for your attention in this matter. 

AA/kjw 

Enclosures 

cc: Gerard Metzger, Esq. 

Charles T. Curtis, Esq. 

Brandon Brown, Esq. 

J.E. Murdock HI, Esq. 

Best regards, 

Ls."' k..J...---.._ 
UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Flightline Ground, Inc. 

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 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. 

FAA Docket No. 16-11-01 

Respondent 

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 

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 January 31,2014. 

extension of time is necessary and appropriate for a fair and complete determination in this 

Christa Fomarotto 

Associate Administrator 

for Airports 

SEP 17 2013 

Date 

EXHIBIT 
CERTIFICATE 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 of the Notice of Extension of 

Time to on or about January 31, 2014, for the Associate Administrator of Airports 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 of Transportation 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 

Analysis 
MRALAN ARMSTRONG 

ATTORNEY AT LAW 

2900 CHAMBLEE TUCKER RD 

BLDG 5 STE 350 

ATLANTA GA 30341 

w 

ill 

::t: 

O'i6H26522CCi'1 

"<!\, 

09.h8f2D·J3 

i:lli><i<W fn:m;; 2059'1 

US POSTAGE 

cocrs .ij' I •ll•il ii j' i 'll!iJI· '1 'li !IIIII i I iH Hl I li •i• I' 1' jjliJi IIi Jl.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 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 ) 

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 of Complainant from Director's Determination with 

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

@ EXHIBIT 1 

• 

I 0 

0 
,,.' i 

(. 

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 of the reply." 

3. The reply was due within twenty days of November 14, 2012, pursuant to 14 CFR 

§16.33(c). 

4. In light of the foregoing, the reply of Respondents was due on December 3, 2012. 

5. The decision of the Associate Administrator was due on February 1, 2013. 

6. The Complainant is entitled to due process of law under the Fifth Amendment to the 

Constitution of the United States of America, and due process includes and embraces a 

timely adjudication and resolution of the 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 of February 1, 2013, 

and then having failed to meet his own deadline of June 2, 2013, and further having 

failed to meet the deadline of September 16, 2013 has denied Complainant due process 

of law in violation of the Fifth Amendment to the Constitution of the 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 

2 
I • • 

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 himself in 

his Notice of Extension of Time served June 7, 2013. 

Respectfully submitted this the 18th day of September, 2013. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 3 50 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanannstronglaw.com 

3 

A-::6.,i74/()~ GA Bar No. 022075 

Counsel for Complainant, Flightline 
/ 

• 

' 

; -

• 

CERTIFICATE OF SERVICE 

I, the undersigned, do hereby certify thai 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, first class 

postage prepaid, to all counsel of record: 

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-Flood Protection 

Management Authority 

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 

Management Authority 

Respectfully submitted this the 18th day of September, 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 

4 
• 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Flightline Ground, Inc. 

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 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. 

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 

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 June 2, 2014. 

An extension of time is necessary and appropriate for a fair and complete determination in this 

case. 

Benito 

~?~~- DeLeon 

Acting Associate Administrator 

for Airports 

EXHIBIT 
• 

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 of the Notice of Extension of 

Time to on or about June 2, 2014 for the Associate Administrator of Airports 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 of Transportation 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 of Airport Compliance and 

Management Analysis 
.AtJo-(X> IJ;S,Deptmment 

of tran$po.ttatlon 

FederlliiAviatlon 

AdminiStration 

Avo., S.W. 

lllngton. o.c. 20591 reurilness Ponalty for Private !Joe $300 

ALAN ARMSTRONG 

ATTORNEY AT LAW 

2900 CHAMBLEE TUCKER RD 

BLDG 5 STE 350 

ATLANTA GA 30341 

i :-:{. i s·'"?CtS 1' l '1\\•ui\ l' '" u\piiJl•l\\\1• • 1i 11\l\ all
UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Flightline Ground, Inc. 

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 Protection Asset 

Management Authority, As Successor To The 

Board Of Commissioners OfThe Orleans Parish 

Levee District And Orleans Parish Levee District, 

Division Of Non-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 

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 October 1, 2014. 

An extension of time is necessary and appropriate for a fair and complete determination in this 

case. 

~P~t~ Benito De Leon 

Acting Associate Administrator 

for Airports 

~ EXHIBIT 

" I 10 • 
• • 

CERTIFICATE OF SERV[CE 

I HEREBY CERTIFY that on June ~ , 2014, I caused to be placed in the 

United States mail (first class mail, postage paid) a true copy of the Notice of Extension of 

Time to on or about October 1, 2014 for the Associate Administrator of Airports 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 for Respondent 

Brandon Brown, Esq. 

General Counsel 

Louisiana Department of Transportation 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 

lF AA Airport Compliance and Management Analysis, AC0-1 00 

FAA So.uthwest Region, ASW -600 

Q~ -----

I 61-j!AJ#h < 

. ~TOlierso~-

Office of Airport Compliance and 

Management Analysis