12/1&/2B11 12:07 40'43055223 FAA REGIONAL COUNSEL PAGE 01/0& 

TIl^NSPORTAIk. 

•-•^'KETOPERATiOK... 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS ^'i HEC ?3 A S: 52 

WASHINGTON, D.C. 

In the Matter of; 

CLOUD DANCER AVIATION 

AND FLYING CLUB, INC. 

Respondeat 

Docket No. FAA-CPlOSOOOOl 

(Civil Penalty Action) 

FDMS No. FAA-2010-0192 

COMPLAINANT'S RESPONSE TO 

RESPONDENT'S MOTION TO COMPEL 

Complainant, by and through the undersigned counsel, hereby files its Response to 

Respondent's Motion to Compel. In support thereof, Complainant states the following: 

1. 

The undersigned responded to Respondent's counsel's secretary email of December 5, 

201 \y on December 6, 2011^ . I advised her I would check with the witnesses to see if they were 

available on the dates Respondent's counsel indicated he was available. 

2. 

On December 8, 2011, Larry Enlow informed me that he would be on annual leave for tlie 

period requested. (See Attachment 1.) On December S, 20U, Roberto Echeverria informed me that 

he was unavailable December 19, 21, 22, and was scheduled for annual leave December 26-30, 

2011. (See Attachment 2.) Mr. Webner was the only witness who indicated he was available on 

December 2S"^ and 29'^-

3. 

Flowever, all of the witnesses indicated they would be available prior to .Tanuarj' 13, 2012. 

Mr, Enlow indicated he was available January 4-6, 201.2, Mr. Echeverria indicated he was 

available January 3-13, 2012. Ms. Frohn indicated she was available on .January 4, 2012. (See 

Attaclmients, 1, 2, and 3.) 

4. 

Subsequently, I emailed Ms. D'Alessandro on December 9.'2011. I informed her that the 

witnesses would be on annual leave for the holidays, but would be available January 4-6, 2012.1 

inquired about the availability of Respondent's counsel for January 4-6, 2012. I did not receive a 

response to the email. Instead, I received Respondent's Renewed Motion to Compel. 

' I had not received Ms. D'AIessandro's voiccmails of December 2"'^ or December S'*" prior to receiving her 

email. 

• Diana Frohn subsequently informed mc that she was also on leave that week. (Sec Attachment 3.) 
12/16/2011 12:07 40^055223 • • FAA REGIONAL COUNSEL PAGE 02/06 

5. 

Thus, the Complainant asserts Respondent's Renewed Motion to Compel is without 

merit. Complainant has at all times been cooperative in trying to schedule the requested 

depositions. In an effort to promote efficiency, the undersigned endeavored to make sure all of 

tlie witnesses were available on the same date (to prevent the depositions occurring on different 

days). Proposed dates were proposed, without a response from Respondent's counsel. Instead, the 

undersigned was served with Respondent's Renewed Motion to Compel. 

WHEREFORE, Complainant respectfully requests Respondent's Renewed Motion to 

Compel be denied. 

Submitted this 16"^ day of December, 2011. 

ANDREA MICHELLE/HARPER 

Attorney 

Office of the Regional Counsel 
12/1&/2011 12:07 ^043055223 FAA REGIONAL COUNSEL PAGE 03/06 

CERTIFICATE OF SERVICE 

J hereby certify that on tJiis date 1 have sent by regular mail, Comp/ainant's Response to 

Respondent's Interrogatories In the Matter of Cloud Dancer Aviation and Flying Club. Inc.. 

FAA Case No. 2009SO150233, to: 

The Honorable J. E. Sullivan 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Ave, SE 

RoomE12-320 

Washington, DC 20590 

TEL: (202)366-2132 

FAX:(202)366'-7536 

Dennis R. Haber, Esq. 

Dennis R. Haber, P.A. 

S925 SW 14S Street, Suite 200 

Miami, FL 33176 

TEL: (305) 256-3002 

FAX: (305)256^3004 

and the original and one copy via regular mail to: 

Hearing Docket 

ATTN: Stephanie McClain 

FAA, AGC-430 

SOO Independence Ave., SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

//> /Mc ^/ / 

Date 
12/16/2011 12:07 ^043055223 FAA REGIONAL COUNSEL PAGE 04/06 

, Igr Michelle Harpcr/ASO/FAA@FAA, 

^;vw^;-'l Bcc: 

Subject: Re: Fw; FAA v. Cloud Dancer AWation 

From; Larry Enlow/ASO/FAA -Tliorsday 12/0S/2011 02:29 PM 

Michelle, 

I am available January' 4-6, 2012. 

Larjry 

Michelle Harper fThtinks for yxnn tc^pouse. .Axe you available Jan... _„i2,/o8/20ii 02:10:23. )PM 

From: Michelle Harper/ASO/FAA 

ASO-007, Office of Tlegional Counsel 

To: Larry EiiIow/ASO/FAA@ FAA 

Date: 12/08/zoii 02:10 PM 

Subjijct: Re: Fw: FAA v. Cloud Dancer A\'iation 

Thanks for your response. Are you available Janiiarj'3-6? 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southern Region 

TEL; C404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: Tliis communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 

and action. It ia subject to the attorney-client, attorney work product, and deliberative process privikgesj 

and as such, must not be fonvarded or otherwise shared ^vithout express permission. 

Larrv Enlow [MichelIc, I am on annOcd leave during the time p... 12/08/201101:5:1:03 PM 

From: Larry En]ow/ASO/FAA 

ASO'ORL-FSDO-15, Orlando, FL 

To: Michelle Harpcr/ASO/FAA(SiFAA 

Cc: Diana Frohn/A50/FAA@FAA, Frank E Webner/A'50/FAA@FAA, Roberto 

Eclievarria/ASO/FAA@FAA 

Date: iz/o3/20ii 01:51 FM 

Subject: Re: Fw: FAA v. Clovd Dancer Aviation 

Michelle J 

I am on annual leave during the time period requested. 

Larr>'-

Michelle Harper [Ml - Onc^gain I'm trying to schedule depositiff^ _i2/o8/2on ii^S:o2l\M 

From; Michelle Harpcr/ASO/F^'iA 

ASO-007, Office of Regional Counsel 

To: Larry En!ow/ASO/FAA@FAA, Diana FrohD/A50/FAA@FiU, Frank E Webner/ASO/F.V^@FAA, 

Roberto EchevarTia/ASO/FAA@FAA 
12/iS/201 1 12:07 . 4043055223 ' FAA REGIONAL COUNSEL . ' PAGE 05/0G 

, To: Michelle Harper/ASO/FAAtSFAA, 

l_i:<Wl Bcc: 

"—^-J Subject: Re; Fw: FAA v. Cloud Dancer Ablation 

From: Roberto Echcvarria/ASO/FAA - Thursday 12/0S/2OH 12:46 PM 

r u-ill be available from Jan 3 -I3tb. 

Roberto Eche\arria, FLM 

Orlando FSDO-15 

407-812-7723 

1 _ Michelle Harper Ok, when arc you available before January :13th?... l2/oS/2q.u l2:37^:\riPM 

From: Michelle Harper/ASO/FAA 

ASO-007, Office of Regional CouTisei 

To: Roberto Echevama/ASO/FAA@F^VA 

Date: 12/08/201112:37 FM 

Subject: Re: Fw: F.!VA v. Cloud DaDccr Aviation 

Ok, when arc you available before January 13th? 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southern Region 

TEL; (404) 305-5200 

FAX-. (404) SO-f^-S^aa 

PLEASE NOTE: Tills communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analjf-sis and opinion, of Agency Counsel for the benefit of Agency decision-making 

and action. It ia subject to the .ittornej'-clientj attorney work product, and deliberative process priWleges, 

and as such, must not be fonvarded or otherwise shared without express permission. 

[ Roberto Echevarria |Miehellg: Sony but none of those chiys wilj w^or... 12/06/201112:25:56 pM 

From; Roberto Echevarria/ASO/FAA 

ASO-ORL-FSDO-15, Orlando, FL 

To: Michelle HarpeT/ASO/FAA@FAA 

Cc: Diana Frohn/ASO/FM@FAA, Frank EWebner/ASO/FAA(s)FAA, Larry Enlow/ASO/FjU@FAA 

Date; 12/08/201112:25 PM 

Subject: Re; Fw: FA^Vv. Cloud Dancer Aviation 

Michelle: 

Sorry but none of those days will work for me. Ihavealready commitments the 19, 21, 22 ,and from 26-30 

I am on annual leave. 

Roberto Echevarria, FLM 

Orlando FSDO-15 

407-312-7723 

GOVERNMENT 

EXHIBIT 
\ 

12/16/2011 12:07 ^043055223 FAA REGIONAL COUNSEL PAGE 36/06 

\ \ 

\ 

\ 

To: Michelle Harper/ASO/FAA@FAA, 

Cc: 

Bcc: 

Subject". Re. Fw; FAA V.Cloud Dancer Aviattinn 

From: Diana Frohn/ASO/FAA - Wednesday 12/14/2011 07:34 AM 

Hi Michelle, 

lani available January'4th- I have meetings on the 5th and6lh and will be in training the week of January 

gth. 

Diana 

[_ Michelle Harper [Hi DJEina -Are you available January 4-6? 

From: Michelle Harper/ASO/FAA 

A5O-007, Office of Regional Counsel 

To: Diana Frobn/ASO/FAA@FAA 

Dale: 12/13/2011 09:33 AM 

Subjcrt; Re; Fw: FA.'Vv. Cloud Dancer Aviation 

•ti;/i;^/20i_i_og:33:o,S M^ 

Hi piana - . 

Are you available January 4-6? 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southern Region 

TEL; C404) 305-5200 . 

FAX: (404) 305-5323 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of .'^ency decision-making 

and action. It is subject to the attorney-client, attorney work product, and deliberative process privileges, 

and as such, must not be forwarded or otherwise shared without express permission. 

Diana Frohn jMicheile, Sorry, I am on leave that week. 12/ia/aoii uaj.:23 J\M 

From: 

To: 

Date: 

Subject: 

Diana Frohn/ASO/FAA 

ASOORJUFSDO-i5r Orlando, FL 

Michelle Harper/ASO/FAA@FAA 

ia/ia/20ii ii:ii AM 

Re: Fw: FAA v. Cloud Dancer Aviation 

Miclielle, 

Sorry, I am on leave that week. 

Diana 

Michelle Harper k^L"_Q.Pr:?.^S^'n ^'f?^Ar^.'?S.t"s^ii^dulede20si'tio... ....JJ2/08/201111:28.721 j\M 

From: Miclielle Harper/ASO/FAA 

ASO'OO?. Office of Regional Counsel 

To: Larry Enlow/ASO/FAA@F.i\.A., Diana Frohn/AS0/FAA(3iFAA, Frank E WebnGr/ASO/FAA@FAA,