Froni:ANDERSON & WEIDNER LLC 205+322+3890 06/04/2010 13:00 #022 P.002/005 

^:\im 

SERVED JUNE 3, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

DARBY AVIATION, 

Respondent. 

FAA DOCKET NO. CP08SO0026 

FAA Case No. 2008SO090020 

DMS NO. FAA 2008-1192 

Administrative Law Judge Isaac D. Benkin 

MOTION TO AMEND POST-TRIAL BRIEFING SCHEDULE 

Comes Now Darby Aviation and respectfully requests that this Court amend the post-trial 

briefing schedule so that Darby Aviation's response to the FAA post-trial brief continues to be 

due on June 8, 2010 as presently scheduled, but the FAA is permitted to file a reply to Darby 

Aviation's June 8, 2010 response by July 8, 2010, In support of its Motion, Darby Aviation 

asserts the following: 

1. The Court originally ordered the FAA and Darby Aviation to submit any transcript 

corrections by April 20, 2010 The court reporter failed to timely produce the transcript to 

the parties, preventing the parties from meeting their deadline to submit transcript 

corrections. 
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2. The Court amended the scheduling order to postpone the deadline to submit transcript 

corrections until Thursday, May 20, 2010. 

3. When the transcript correction deadline was postponed, the original deadline to file both 

the FAA's and Darby Aviation's initial post-trial briefs continued to be due the Tuesday 

following the transcript correction deadline, but the Court suggested that the parties could 

notify the Court if more time to file an initial post-trial brief was needed. 

4. The FAA successfully filed its post trial brief on May 25, 2010, but the brief did not 

contain any quotations from the transcript. 

5. Darby Aviation emailed the Court and requested an extension of the deadline to file its 

pre-trial brief. The Court notified Darby Aviation it would be reqviired to file a motion 

because the FAA did not consent to the extension. 

6. Darby Aviation and the FAA each briefed the issues in this case in their written closing 

arguments submitted to the NTSB in the related certificate action against Elton H. Darby, 

the appellate briefs to the NTSB Board, and briefs in support of cross motions for 

summary judgment in this case. 

7. Darby Aviations' reply brief is due on June 8, 2010. Because the parties each argue the 

opposite side of each issue and because the FAA has the burden of proof. Darby Aviation 

does not need an initial post-trial brief. All issues can be addressed in its reply. 

Although the FAA is typically provided the opportunity to speak first and last because it 

carries the burden of proof, Darby aviation was granted an opportunity to brief 

simultaneously with the FAA. Darby Aviation waived this opportunity when it did not 

file an initial post-trial brief. 
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8. Although the FAA is well aware of Darby Aviation's arguments, any prejudice to the 

FAA would be eliminated by permitting the FAA 30 days or any reasonable amount of 

time requested to reply to Darby Aviation's response that will be filed by June 8, 2008. 

Wherefore, premises considered. Darby Aviation respectfully requests this Court amend the 

post-trial briefing schedule to permit the FAA additional time to reply to Darby Aviation's 

response to the FAA's initial post-trial brief 

Respectfully submitted, 

ANDERSON & WEIDNER, LLC 

/•<<i^~-t 

)eanna L. Weidner (WEI038) 

David B. Anderson (AND006) 

COUNSEL FOR ELTON H. DARBY 

OF COUNSEL: 

ANDERSON &WE1DNER, LLC 

Financial Center 

505 20*'' Street North, Suite 1450 

Birmingham, AL 35203 

Telephone: (205) 324-1230 

Telecopier: (205) 322-3890 

dbanderson(5),davidbandersonlaw.com 

dlweidner(g),davidbandersonlaw.com 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of this Motion to Amend Post-Trial Briefing Schedule has 

been served upon the following via facsimile and/or email on June 3, 2010 and by certified U.S. 

Mail, return receipt requested on June 4, 2010: 

Raymond Veatch 

Attorney 

Airport Law (AGC-610) 

Airport and Environmental Law Division 
From:ANDERSON & WEIDNER LLC 205+322+3890 06/04/2010 13:00 #022 P.005/005 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, SW 

Room 900-E 

Washington, D.C. 20591 

(202) 267-3199 (office) 

(202) 267-9676 (direct) 

(202) 267-5769 (fax)E-mail: ravmond.veatch@faa.gov 

The Honorable Isaac D. Benkin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington, DC 20590 

Telephone: Attorney: (202)366-2139 

Legal Assistant: (202)366-2132 

Fax: (202)366-7536 

E-mail: david.benkin@dot.gov 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Fax: 202-493-5142 

Dated this the 3rd day of June, 2010. 

^ ^ ^.^^,t^ 

la L. Weidner 

COUNSEL FOR DARBY AVIATION