FAA Part 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 June 5 2015 

## HOWARD C. JONES II ATTORNEYAT LAW howardcjones@attglobal.net 105WEST FOURTH STREET, SUITE 400 E WINSTON-SALEM, NC 27101

TELEPHONE: 336.750.0860 FAX: 336.727.1085


# Rr=CEIVED JUN 92015 PART 16 DOCKETS

Re: William Alfred Hicks, Jr. A/KIABillyHicks V. City OfMount Airy, North Carolina; And The County OfSurry, North Carolina; Through The MountAiry/Surry County AirportAuthority; FAA DocketNo. 16-15-07 DearFAA Part 16 Docket Clerk: Enclosedpleasefind an original and three copies (one ofwhich has notbeen stapled) ofrespondents' ConsentMotion for Extension ofTime (with attached certificate ofservice) andU"proposed order. Thank for your consideration ofthis matter Sincerely,

Ho cc: counsel ofrecord

### UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC WILLIAM ALFRED HICKS, JR. a!k/a BILLY HICKS Complainant,
vs. CITY OF MOUNT AIRY, NORTH CAROLINA; and the COUNTY OF SURRY, NORTH CAROLINA; throughthe MOUNT AIRY/SURRY COUNTY AIRPORT AUTHORITYRespondent. ) ) ) ) ) ) ) ) ) ) ) ) ) )

___ ) 

### FAADocketNo. 16-15-07

CONSENTMOTIONFOR

EXTENSION OF TIME 

# RECEIVED 'JUN 92015 PART 16 DOCKETS



### The City ofMount Airy, the County ofSurry and the Mount Airy/Surry County Airport Authority (hereinafterjointly referred to as "respondents") herebyjointly move this tribunal for
an order granting each ofthese respondents an extension oftime to respond to the complaint and
as grounds therefore state:
'' 

### 1. Undersigned counsel represent that they have conferred with counsel ofrecord for the complainant, Randolph M. James, and obtained consent for this motion. A copy ofthe email confirming consent is attached hereto as Exhibit 1. 

### 2. Undersigned counsel represent that this motion is made in good faith and not for the purpose ofdelay. 3. On M;1y 26 2015, the Office ofthe ChiefCounsel served the Mount Airy/Surry County Airport Authority with a Notice ofDocketing ofthe Part 16 complaint in this matter by



### Imail. Without an extension (and including the five days for mailing), respondents would have until Saturday June 20, orMonday June 22 to file a response to the complaint. 4. Undersigned counsel need additional time to prepare their responses to the complaint. In addition to being 49 pages long and having voluminous exhibits, the complaint asserts multiple areas of alleged failure to comply with grant assurances. For these reasons, undersigned counsel.need additional time prepare a response to the complaint. Undersigned counsel also need additional time to coordinate between their respective clients

- the City of Mount Airy, the County ofSurry and the Mount Airy/Surry County Airport Authority, in order to try and consolidate (where feasible) their responses. WHEREFORE, the City ofMount Airy, the County ofSurry and the Mount Airy/Surry County Airport Authority respectfully request that this tribunal grant each ofthese respondents
an extension of time through and including August 3, 2015 for each respondent to file their responses to the complaintby answer or appropriate motion(s) under 14 CPR 16.23 or 16.26 and such other reliefas this tribunal deemsjustandproper. Respectfully submitted, this the 5th/ y ofJune 2015.

Ho 105 Wes ourth Street Suite 40 -E Winston-Salem, NC 2710106 Telephone: (336) 750-0860 Fax: (336) 727-1085**-~-"-~------**

Email: howardcjonesii@gmail.com Attorney for Mount Airy/Surry County AirportAuthority



### 2Edwin M. WoltzAttorney at Law PLLC · · 119 RawleyAvenue MountAiry, NC 27030 Telephone: (336) 786 5556 Fax: (336) 789 0651 Email: woltz@woltzlaw.us County Attorney for County ofSurry, North Carolina



### 3"(,?lim])bell LawGroup, PLL,C E, Independence Blvd. PO Box 1846 Mount Airy, North Carolina27030 Phone: (336) 719-1700 

### Fax: (336) 719-1703 Email: hugb(q),clgnc.com City Attorney f(Jr City ofMountAiry, North Carolina



### 4

### CERTIFICATE OF SERVICE I, Howard C. Jones II, certifY that on June 5 2015 I filed and served this CONSENT MOTION FOR EXTENSION OF TIME and the PROPOSED ORDER for the same by placing the original thereof and three copies to the FAA, and a copy to counsel ofrecord, in prepaid first class or express envelopes in the custody ofthe United States Mail addressed as follows: FAA Part 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Randolph M. James Attorney for Plaintiffs Randolph M. James, P.C. P.O. Box 20069 Winston-Salem, NC 27120 Attorney For Complainant Edwin M. Woltz 119 Rawley Avenue MountAiry, NC 27030 Attorney for the County ofSurry, North Carolina HughB. Campbell;m 235 E. Independence Blvd. PO Box 1846 MountAiry, North Carolina 27030 Attorney for the City ofMount Airy, North Carolina



### 5Friday, June 5, 2015 at 7:52:03 AM Eastern Daylight Time Subject: RE: Hicks 16-15 Date: Tuesday, June 2, 2015 at 6:47:03 PM Eastern Daylight Time From: Randy James To: howardcjonesii@gmail.com CC: 'Edwin M. Woltz', Randy James, Billy Hicks 

### Yes, I consentto the extensionyou have requested onbehalf of all 

### of the entities. RandyJames Randolph M. James,

## P.C.' Attorneys 116 North Spruce Street 27101 PO Box 20069 Winston-Salem, NC 27120

**""""~""""-'-'-"'"-** (phone)

**.336-7~4-9722** (fax)

**~w.tt11jam.es1a,);/.C01n**

Professional Responsibility Rule 4.2 Notice: Please be advised thatthe inclusion ofany particular person as a recipient ofthis email (and speci!ically the inclusion ofany client of Randolph M. James, P.C'.) does not constitute express or implied consent to opposing counsel to ''Reply All" to this message·or otherwise communicate with clients ofthe firm. This transmission is intended by the sender and proper recipientto be confidential, intended onlyforthe proper recipient and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. Ifyou are not the intended recipient. you are notified thatthe dissemination, distribution orcopying ofthis message is strictly prohibited. Ifyou receive this message in error, or are not the proper recipient, please notify the senderat eitherthe e-mail address ortelephone number above and delete this e-mail from yourcomputer. Receipt by anyone otherthan the proper recipient is not awaiverof any attorney-client, work product, orother applicable privilege. Thank you

From: Howard Jones [mailto:howardcjonesii@gmail.com] Sent: Tuesday, June 02, 2015 6:39PM To: Randy James Cc: 'Edwin M. Woltz' Subject: Hicks 16-15 Importance: High

Page 1 of2Randy: As discussed, I have be'en retained to represent the Authority in the Part 16 Complaint filed by Mr. Hicks. I have conferred with Ed Woltz, the County Attorney, and Hugh Campbell, the City Attorney. For tlie sake of brevity, we will be filing ajoint motion for an extension oftime to file a response to the complaint. You and I previously discussed an extension, but Iwanted to get confirmation in an email to attach the same to the motion. The Notice ofdocketingwas servd served via mail on May 26, 2015. By my calculations, without an extension, respondents would have until due June 20 (20 days and 5 for mailing under 14 CFR 16.17) which is a Saturday so thatwould make itJune 22. Can you consent to an extension until August 3, 2015 for each respondent (the Authority, the City, and the County) to file their responses to the complaint under 14CFR 16.23 or 16.26? While we not know until we have each had additional time to review the complaint, it is my hope that the extra time will enable us to have all entities adopt one response. Thanks, Howard

Page 2of2UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC WILLIAM ALFRED HICKS, JR. a/Ida BILLYHICKS Complainant,
vs. CITY OF MOUNTAIRY, NORTH CAROLINA; andthe COUNTY OF SURRY, NORTH CAROLINA; through the MOUNT AIRY/SURRY COUNTYAIRPORT AUTHORITYRespondent. ) ) ) ) ) ) ) ) ) ) ) ) ) )

...._) FAA DocketNo. 16-15-07

ORDER ON CONSENT MOTION FOR EXTENSION OF TIME



### THIS MATTER coming on to be heard, and being heard, upon consent motion of respondents the City of Mount Airy, the County of Surry and the Mount Airy/Surry County Airport Authority (hereinafterjointly referred to as "respondents") for an order extending the time within whichto respond to the complaint; 

### IT IS ORDERED that the time for each ofthese respondents to file their responses to the complaint under 14 CFR 16.23 and 16.26 is hereby extended through and including August 3, 2015.

This the
__day of
_______ ,, 2015.

Randall S. Fiertz Director Office ofAirport Compliance and Management Analysis