U.S. Department ofTransportation Federal Aviation Administration Office of the Chief Counsel



### NOTICE OF DOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591

Please be advised that the complaint filed by Sound Aircraft Services, Inc. ("complainant") against Town ofEast Hampton and East Hampton Airport ("respondent") filed under the Rules ofPractice for Federally Assisted Airport EnforcementProceedings, Title 14, Part 16 ofthe Code ofFederal Regulations ("14 CFRPart 16"), has been docketed bythe Federal Aviation Administration's Office ofthe ChiefCounsel, as DocketNo. 16-14-07 on October 17,2014.

The respondent is required to file an answer to the complaint within 20 days ofthe date of service ofthis notice. See 14 CFR §16.23 (d). The answer shall deny or admit the allegations made inthe complaint, and shall assert any affirmative defense. The answer may include a motion to dismiss the complaint or any portionthereof, with a supporting memorandum of points and authorities. See 14 CFR 

### § 16.23(h) and 

### G).

Inthe alternative, pursuant to the procedures set forth in 14 CFR 

### § 16.26, the respondent may file a motion to dismiss the complaint or a motion for summaryjudgment onthe complaint. The respondent may move for dismissal ofthe entire complaint or move for dismissal of specific issues from adjudication. The motion must be filed within 20 days after the date of service ofthis notice ofdocketing. See 14 CFR § 16.26. Ifsuch a motion is filed under 14 CFR 

### § 16.26, an answer must be filed within 20 days ofthe date ofservice ofan FAA order denying all or part ofthat motion. See 14 CFR 

### § 16.23 (d).

The complainant may file a reply within 10 days ofthe date ofservice ofthe answer. The respondent may file a rebuttal within 10 days ofthe date ofservice ofthe complainant's reply. See 14 CFR 

### § 16.23(e) and (f). The answer, reply, andrebuttal shall, like the complaint, be accompanied by supporting documentation upon which the parties rely. The answer, reply, and rebuttal shall each contain a concise but complete statement ofthe facts relied uponto substantiate the answers, admissions, denials, or averments made. See 14 CFR § 16.23 (g) and (i). Amendments or supplements to the pleadings will not be allowed without showing good cause through a motion and supporting documents. See 14 CFR 

### § 16.23 

### G).

All documents filed with the FAA inthis proceeding shall be served (and include a certificate ofservice) by the persons filing them on all parties to the proceeding, and onthe FAA at the Office ofthe ChiefCounsel, Attention: FAA Part 16 Docket Clerk, AGC-600, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. See 14 CFR §§ 16.13 and 16.15. Unless otherwise specified, an executed original andthree (3) copies ofeach and every document shall be filed with the FAA Part 16 Docket Clerk. See 14 CFR 

### § 16.13(c).Pursuant to 14 CFR § 16.13(h), electronic filing ofPart 16 documents is permittedunder the following guidelines:

• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). The subject line ofthe e-mail must contain the names ofthe complainant and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10MB.

• E-mail filings shall be sentto the FAA Docket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only ifthe opposing partyhas agreed with the complainant inwriting to participate in electronic filing, otherwise service mustbe made pursuantto 14 CFR §16.15.) The FAA will not provide any acknowledgement orreceipt to parties filing electronically.

• A party filing electronically mustprovide the FAA Docket Clerk and the opposing party an e-mail address designating its representative to receive electronic pleadings and documents by e-mail.

• A party availing itselfofelectronic filing as described inthis document and 14 CFR § 16.13 (h) waives its rights under Part 16 to service by any other means from the opposing party or FAA. 2

• A party filing electronically will include with its pleadings a certificate ofservice stating the method as electronic by or via e-mail. In regard to computation of time, the date ofthe e-mail is not included inthe computation oftime under this part. See 14 CFR § 16.17 (a). Parties will start the count as ofthe day following the date the e-mail was sent1

The Department ofTransportation (DOT) uses the government-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffiling paper documents withthe FAA, please ensure that at least one ofthe required copies is 

### unbound and 

### withouttabs. Exhibit numbers in unbound copies should be noted on the first page ofeach exhibit or in divider pages. The FAA will forward all electronic submissions (like the paper submissions) to FDMS for public viewing.

onathan W. Cross Manager, Airport LawBranch Office ofthe ChiefCounsel

1Please note, this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 16.13 (a), (b), and (c). Ifaparty subsequently decides to "opt-out" ofelectronic filing, it must notify the FAA Docket Clerk and opposing party in writing. See 14 CFR § 16.13 (h)(4). The electronic filing method may be used in lieu ofor in addition to the existing requirements set forth in Part 16.3

CERTIFICATE OF SERVICE

I HEREBY CERTIFYthat on October

### I]_, 2014, I caused to be placed in the United States Mail (first class mail, postage paid) or personally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:

Paul A. Lange, Esq. Alison L. Squiccimarro, Esq. Law Offices ofPaul A. Lange, LLC 80 Ferry Boulevard Stratford, CT 06615 pal@lopal.com als@lopal.com

Elizabeth Vail, Esq. TownAttorney Town ofEastHampton 159 Pantigo Road East Hampton, New York 11937

Mr. James Brundige Airport Manager Town ofEast HamptonAirport 200 Daniels Hole Road Wainscott, New York 11937

Hand-Delivered to:

FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis, AC0-100 

# {lpfL/lL

Christopher Huch Airports & Environmental Law Division FAA Office ofthe ChiefCounsel