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DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

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DOCKET DOT-OST-2013-0101

RESPONSE OF COMPLAINANT, )

F. BENNETT CUSHMAN II, TO MOTION )

TO STRIKE OF BRITISH AIRWAYS )

(DATED JULY 2, 2013) )

TO COMPLAINT )

(DATED MAY 13, 2013) ) REPLY--- DATED JULY 5, 2013

FOR VIOLATIONS BY BA OF )

49 U.S.C. 41712 AND 14 CFR 259.5 (B)(4 )AND )

OTHER U.S. DOT REGULATIONS ) 

THIS RESPONSE IS TO THE MOTION TO STRIKE OF BRITISH AIRWAYS , DATED JULY 2 , 2013, TO THE

VERIFIED COMPLAINT OF F. BENNETT CUSHMAN II FILED WITH THE DOT ON MAY 13, 2013. THE 

COMPLETELY UNVERIFIED PLEADINGS OF BRITISH AIRWAYS (BA) TO DATE DO ABSOLUTELY 

NOTHING TO COUNTER THE STATED WIDESPREAD NATURE OF BA’S VIOLATIONS , PRACTICES AND 

MISTATEMENTS AS SET FORTH IN ALL OF THE COMPLAINANT’S VERIFIED PLEADINGS.

THE MOTION TO STRIKE OF BA OF JULY 2, 2013 IS HEREBY REJECTED IN IT’S ENTIRETY AND ALL 

REQUESTS THEREIN ARE HEREBY REJECTED, FOR THE REASONS SET FORTH HEREIN.

THE COMPLAINANT REQUESTS OF THE U.S. DOT, ONCE AGAIN, THAT BA BE REQUIRED TO VERIFY 

ALL PURPORTED FACTS STATED IN ITS PLEADINGS, INCLUDING IN ITS PAST UNVERIFIED 

PLEADINGS , AND TO MAKE ANY CORRECTIONS REQUIRED TO MAKE THOSE PAST PLEADINGS 

VERIFIABLE. THE COMPLAINANT HAS VERIFIED ALL OF ITS PLEADINGS AND BA HAS REFUSED TO 

VERIFY ANY OF ITS PLEADINGS.

THE MOST RECENT MOTION TO STRIKE OF BA, DATED JULY 2, 2013 , IS ANOTHER ONE OF BA’S 

ENDLESS STREAM OF PLEADINGS LACKING IN ANY VERIFIED FACTS WHATSOEVER. SOMETHING IS 

HORRIBLY WRONG WHEN ONE OF THE WORLD’S LARGEST AIR CARRIERS, WITH REGULARLY 

SCHEDULED OPERATIONS IN AND OUT OF THE UNITED STATES, IS ALLOWED BY THE U.S. DOT 
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TO GO ON MONTH AFTER MONTH ( IN PROCEEDINGS INVOLVING BA’S OWN PUBLIC U.S. 

PASSENGERS AND POSSIBLE PASSENGERS ) WITHOUT EVER HAVING TO PROVIDE VERIFICATION OF 

ANY FACT WHILE THE FLYING U.S. PUBLIC ( IN THE FORM OF THOSE SAME PASSENGERS) IS LED

BY THE DOT TO VERIFY WHATEVER IT SAYS ABOUT BA.

 IS IT THAT BA IS UNABLE TO PROVIDE VERIFIED FACTS BECAUSE LARGE PARTS OF WHAT IT SAYS 

ARE NOT TRUE?

VERIFICATION

Pursuant to Title 18 United States Code Section 1001, I certify that I have not in any manner knowingly 

and willfully falsified, concealed or failed to disclose any material fact or made any false, fictitious, or 

fraudulent statement or knowingly used any documents which contain such statements in connection 

with the preparation, filing or prosecution of this pleading . I understand that an individual who is found 

to have violated the provisions of 18 U.S.C. Section 1001 shall be fined or imprisoned not more than five 

years or both.

This pleading respectfully submitted, this 5th day of July, 2013

/s/ F. Bennett Cushman II

707-292-5830

Cushman@thefarmsonoma.com
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CERTIFICATE OF SERVICE

I, George D. Tuttle, hereby certify that on this 5

th day of July , 2013, a copy of the foregoing Response

of the Complainant was served via electronic mail on the parties named below or provided via 

electronic email to the persons named below:

Samuel Podberesky,Esq., DOT

Richard Mendles , Esq., General Counsel, Americas, British Airways

Nick Lowry, Esq., DOT

Bill Owens, DOT Office of the OIG

Scott Harding, DOT Office of the OIG

Don H. Hainbach

Erin M. Tallardy

/s/ George D.Tuttle, attorney for Mr. Cushman.

( All communications to Complainant should be sent to Mr. Cushman’s attorney, George D. Tuttle, at 

Tuttle@thefarmsonoma.com)