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Writer's Direct Dial: (516) 663-6589 Writer's Direct Fax: (516) 663-6789 Writer's E-Mail: abateman@nnfpc.com Counselors atLaw

February 15, 2012 VIA FACSIMILE (202-366-7536) AND FEDERAL EXPRESS The Honorable J.E. Sullivan, Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. Washington DC 20590 

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# HEARING DOCKET

Re: Docket No.: FAA-2011-1116, Case No.: 2010S0700376 Dear Judge Sullivan: This firm represents Ivy Enterprises, Inc. ("IvyEnterprises"), the Respondent in the above-referenced matter. We are in receipt ofthe Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission. This letter constitutes Respondent's request for stay ofdiscovery, including all associated deadlines in the abovereferenced Order, pending a decision on Respondent's Motionfor a More Defmite Statement ("Motion"), which was fully submitted with the Hearing Docket Clerk onNovember 14, 2011. 1 Specifically, Respondentrequested that its Motion for a More Definite Statementbe granted to clarify the relevantknowledge standard and the supporting facts. Thus, if Respondent's Motion is granted, Complainantmustfile a more defmite statement, which will undoubtedly impactthe issues in dispute and the parties' proposed scheduling/discovery plan. Therefore, Respondent respectfully requests that its request for a stay be granted. IfRespondent's motion is denied, Respondent reserves the right, pursuant to Rule 218(f)(3), to answer ormove to dismiss the complaint not later than 10 days after service ofan order ofdenial.

1Respondent filed its motion with the Hearing Docket Clerk on November 1, 2011 and the Complainant filed its response on November 14, 201 I.

East Tower, 15th Floor, 1425 RXR Plaza, Uniondale, NY 11556-1425 ;; 516.663.6600 Y 212.688.8300 F 516.663.6601 " www.rmfpc.comFebruary 15, 2012 Page 2 

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Thank you for your consideration ofthis matter.

AGB:rlm
cc: Ivy Enterprises, Inc.

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# ~~~51?~ ALEXANDER G. BATEMAN, JR. For the Firm

Jeanine C. Gotimer, Office ofthe Regional Counsel for the Eastern Region (Via Federal

(Express) Hearing Docket Clerk, FederalAviation Administration (ViaFederal Express) 

### cfAFFIDAVIT OF SERVICE

STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Connie Irish, being duly sworn, deposes and says: That deponent is not a party to the action, is over 18 years ofage and resides in Nassau County, NewYork. On February 15, 2012, I served a true copy ofthe annexed Request for Stay in a sealed Federal Express envelope, into the custody ofFederalExpress for overnight delivery, prior to the latesttime designated by Federal Express for overnight delivery service, withinthe State of NewYork, to the last known addresses who have appeared as indicated below:
Jeanine C. Gotimer Complainant's Counsel Office ofthe Regional Counsel Federal Aviation Administration 1Aviation Plaza Jamaica, New York 11434 The Honorable J.E. Sullivan, Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington, D.C. 20590I served an original and true copy ofthe above referenced Request for Stay on:

Sworn to before me this 151 h day ofFebruary, 2012

#539325v1 Federal Aviation Administration 600 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430

Wilbur Wright Building- Suite 2Wl000

Connie Irish