### U.S. DEPARTMENT OFTRANSPORTATION Office of Hearings Washington, D. C. 

# RECEIVED JUL 25

## 2012 The Liberty Foundation, Inc. 

# HEARING

# DOCKET FAA DOCKET NO. CP *notyet assigned* (EIR 2011-GL-03-0070)

(Civil PenaltyAction) FDMS No. FAA-2012-0477 The Honorable J. E. Sullivan, Administrative Law Judge

RESPONDENT'S REPLYTO THEADMINISTRATION'S OPPOSITION TO RESPONDENT'S SUGGESTION OF HEARING LOCATION At best, the FAA's basis for its opposition to having the hearing in the Atlanta, Georgia, area as requested by Respondent, is that the FAA has witnesses and lawyers located where it wants the hearing. The FAAdoes not challenge or dispute any of the
reasons orfacts supporting Respondent's request. As a matter offairness, it is both harsh and heavy-handed for the FAAto suggest Respondent, a charitable foundation with very limited resources, should incur the expenses associated with the travel and housing of its witnesses and counsel, but to suggest the FAA, with its considerable resources, should be relieved of that burden. Between the two parties, the FAA is far better able to afford the cost burden of the case it has initiated. The FAA has not asserted it would be prejudiced in any way ifthe hearing is held in the Atlanta, Georgia area, whereas Respondent has stated it would be prejudiced by the costs associated with a hearing in the Chicago area. Nothing in Respondent's Suggestion is for the purpose of the FAA changing counsel. In fact, Respondent would STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305} 670-7065 STIIARTGOI DSTE!NpACiilATTNEI2 be shocked if the FAA changed counsel merely because its attorneys had to travel the approximate 500 miles (90 minuteflight) from Chicagoto Atlanta.
Respectfully submitted, StuartA. Goldstein, P. 

### A. 9350 South Dixie Highway, 10th Floor Miami, Florida 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgoldsteinpa@att.net

# By:---1--U-l-l~~tL**J!p=--u~~-** StuartA. Goldstein AttorneyforThe Liberty Foundation

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 18th day of July, 2012, this document was served on the persons/entities on the Service List below in the mannersetforth thereon.


## By:

# lrffifffA**~~~** Stuart

### A. Goldstein

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, Fl 33156 T: (305) 670-1222 F: (305) 670-7065 SI\IARTGOI DSTE!NpA®AIINETOriginal and One Copyto: FederalAviationAdministration 600 IndependenceAvenue, S. 

### W. Washington, D. C. 20591 SERVICE LIST

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000
One Copyto: The HonorableJ. E. Sullivan, Administrative Law Judge Office of Hearings, M-20 U. S. DepartmentofTransportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C. 20590 By Facsimile (202) 366-2132 and regular U. S. Mail and Adrianne Wojcik, Esq. Office ofthe Regional Counsel Great Lakes Region, AGL-7 FederalAviation Administration 2300 East DevonAvenue Des Plaines, IL 60018-4696 By Facsimile (847) 294-7498 and regular U. S. Mail

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 1OTH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305) 670-7065 SIIJARTGOI QSTEINPACWAUNFT 3