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RusKINMOSCOUFALTISCHEKP.c. 

Writer's Direct Dial: (516) 663-6589 

Writer's Direct Fax: (516) 663-6789 

Writer's E-Mail: abateman@nnfpc.com 

Counselors at Law 

February 15, 2012 

VIA FACSIMILE (202-366-7536) AND FEDERAL EXPRESS 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington DC 20590 

RECEIVED 

FEB f 6 2012 

HEARING DOCKET 

Re: Docket No.: FAA-2011-1116, Case No.: 2010S0700376 

Dear Judge Sullivan: 

This firm represents Ivy Enterprises, Inc. ("Ivy Enterprises"), the Respondent in the 

above-referenced matter. We are in receipt of the Order Setting Rule 16 Litigation Scheduling 

Conference, and Directing Rule 26(f) Planning and Submission. This letter constitutes 

Respondent's request for stay of discovery, including all associated deadlines in the abovereferenced Order, pending a decision on Respondent's Motion for a More Defmite Statement 

("Motion"), which was fully submitted with the Hearing Docket Clerk on November 14, 2011. 1 

Specifically, Respondent requested that its Motion for a More Definite Statement be 

granted to clarify the relevant knowledge standard and the supporting facts. Thus, if 

Respondent's Motion is granted, Complainant must file a more defmite statement, which will 

undoubtedly impact the issues in dispute and the parties' proposed scheduling/discovery plan. 

Therefore, Respondent respectfully requests that its request for a stay be granted. 

If Respondent's motion is denied, Respondent reserves the right, pursuant to Rule 

218(f)(3 ), to answer or move to dismiss the complaint not later than 1 0 days after service of an 

order of denial. 

1 Respondent 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.com 
February 15, 2012 

Page 2 

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RusKINMOSCOUfALTISCHEKr.c. 

Counselors at Law 

Thank you for your consideration of this matter. 

AGB:rlm 

cc: Ivy Enterprises, Inc. 

Sinc~e.y, / ':;/;. /j/J 

~~~51?~ ALEXANDER G. BATEMAN, JR. 

For the Firm 

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

(Express) 

Hearing Docket Clerk, Federal Aviation Administration (Via Federal Express) cf 
AFFIDAVIT 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 of age and resides in 

Nassau County, New York. 

On February 15, 2012, I served a true copy of the annexed Request for Stay in a 

sealed Federal Express envelope, into the custody of Federal Express for overnight delivery, prior 

to the latest time designated by Federal Express for overnight delivery service, within the State of 

New York, to the last known addresses who have appeared as indicated below: 

Jeanine C. Gotimer 

Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, New York 11434 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 
I served an original and true copy of the 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 2Wl 000 

Connie Irish