12/17/2010 12:45 FAX 2024935142 FAA 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C 

IN THE MATTER OF 

. 1 

^ 5 : 

SCENIC AVIATION. INC. "" C^^rn 

V ^§^ 

FAA Docket No. CP09NM0011 i>3 og ^ 

(Civil Penalty Action) pr 53 

CO 

DMS No. FAA-2009-0974 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Hearing Location; Salt Lake City, UT 

Hearing Dates; December 13-15, 2010 

RESPONDENT' S REPL Y T O COMPLAINANT' S 

MOTIO N T O COMPE L AND 

CONSENT T O CONTINUANCE 

COME S NOW, Scenic Aviation, Respondent herein, by and through undersigned counsel, 

pursuant lo Rule 13.220 of the Rules of Practice (14 C.F.R. Part 13), and hereby responds to 

Complainant's Moiion to Compel dared December 3, 2010. Complainant now seeks an Order 

from the Honorable Administrative Law Judge compelling responses to its Second Supplemental 

Discovery Requests: and further seeks a continuance of ihe hearing in order to review the 

discovery responses provided. 

However, since Respondent has fully complied with Complainant's Second Supplemental 

Discovery Requests on December 6, 2010, Complainant's motion to compel has been rendered 

moot. Nevertheless, in the interests of justice. Respondent does not oppose Complainant's request 

for continuance in order to review the discovery responses provided. 
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^^'^ * DMS 0002/00 6 

STATEMENT OF FACTS 

1. A hearing is presently scheduled to begin on December 13, 2010. in Salt Lake City, UT. 

2. On August 6, 2010, the Complainant filed an Amended Complaint alleging violations that 

occurred on or about August 7,2007 (i.e., 3 years earlier). See Amended Complaint at para. 

4. 

3- On November 1, 2010, Complaint's counsel served upon Respondent's counsel via 

electronic mail (i.e., email), a Second Supplemental Di.scovery Request. See Motion lo 

Compel ac page 5. 

4. The parties, by and through counsel, in good faith negotiations, have exchanged settlement 

proposal.s. Respondent's written settlement proposal was presented on December 1, 20J0, 

with discussions continuing through December 2, 2010. (See Exhibit 1) 

5. Counsel for both parlies had verbally agreed, in good faith, to withhold further discovery 

pending the outcome of .settlement di.scussions. 

6. Although no final settlement had yet been reached. Respondent served its responses to 

Complainant's Second Supplemental Discovery Requests on December 6, 2010. 

7. Respondent'.$ counsel served discovery responses 35 days following receipt of 

Complainant's Second Supplemental Discovery Requests by email delivery. Neverlhcle.is, 

good cause existed for any delay in the response (i.e.. good faith settlement negotiations). 

8. No further discovery remains outstanding-
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— . _ . _ . — ^«« * DMS iaoo3/ooe 

WHEREFORE, since Respondent's counsel continues to act in good faith toward 

reaching an amicable settlement of this matter, and since no further discovery remains 

outstanding. Complainant's Motion to Compel is moot and should must denied as such. 

Furthermore, since Respondent does not oppose Complainant's request for a continuance in 

order to review the discovery responses provided, the Honorable Administrative Law Judge 

should grant a continuance in (he interests of ju.5tice. 

Dated: December 6, 2010 

Respectfully Stl^Bwtted, 

WINTON, ESQ. 

ie Pdti^ion Law Firm 

330 Aviation Way 

Frederick. MD 21701 

Tel: (.301) 294-8550 

Fax: (301) 294-2525 

Greg@AvLationLawExperis-com 

Counsel for Respondent 
12/17/2010 12:45 FAX 2024935142 FAA + DMS 1^004/006 

EXHIBIT 1 
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Greg Winton 

From: Greg Winton <greg@aviationlawexperts.com> 

Sent: Wednesday, December 01, 2010 1:29 PM 

To: Scott.Morris@faa.gov 

Subject: RE: Scenic Aviation - CP09NM0011 - Settlement Agreement 

Attachments: Scott Morris 12 01 2010.pdf 

Scott: 

Sorry for the delay. Attached please find rny client's response to the FAA's settlement offer. 

Regards, 

Grcs 

Gregory S. Winton. Esq. 

The Aviation Low Firm 

330 Aviyiion Way 

2nd Floor 

Frederick. MD 21701 

maih.o:Greti@AviationLawEAperts,com 

Toll free: I-877-4-AIR LAW 

Local: (301)294-85.50 

Cell: (301) 529-5660 

Fax: mi ) 294-2525 

From: Scott.Morris@fa3.gov [mailto:Scott.Morrls@faa.gov] 

Sent: Tuesday, November 23, 2010 5:39 PM 

To: greg@aviationlawexperts.com 

Subject: RE: Scenic Aviation - CP09NM0011 - Settlement Agreement 

Greg: As promised, here is the settlement agreement. Please review, sign, email me back a copy in .pdf 

and mail the orginal back. 

Thanks, 

Scott 

Scott R, Morris 

FAA Enforcement Attorney 

Northwest Mountain Region 

Office of Regional Counsel, ANM-7H 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-1417 (ph) 

(425) 227-1007 (fax) 

scott.morrisCqjfaa.Qov 

"Greg Winton" wrote: 
12/17/201 0 12:4 5 FAX 2024935142 FAA * DMS iOOG/OOG 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date served by regular U.S. mail, postage prepaid, an original and 

one (1) copy of the foregoing Reply to Motion to Compel addressed to: 

Attention: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Suite 2W1000 

Washington, D.C. 20591 

And, further, that I have this date .served via facsimile and regular US. mail, postage prepaid, a 

copy of the foregoing Reply to Moiion to Compel addressed to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings. M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue. S.E, 

Hast Building Ground Floor, Room El2-320 

Washington, DC 20590 

Tel: 202-366-2139 

Fax: 202-366-7536 

Scott R. Morris. Esq. 

Office of Regional Coun.<;el, ANM-7 

FAA Northwest Mountain Region 

1601 Lind Avenue, SW 

Renton, WA 98057 

Tel: 425 227-1417 

Fax:425 227-1007 

Dated; December 6, 2010 

S. WINTON, ESQ. 

Aviation Law Experts, LLC 

330 Aviation Way 

Frederick. MD 21701 

Tel: (301) 294-8550 

Fax: (301) 294-2525