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### - Ju ly 5 , 2013 DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

---

DOCKET DOT

- OST

- 2013

- 0101



## RES PONSE 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

N OTHING TO COUNTER THE STATED WIDESPREAD NATURE OF BA’S VIOLATIONS , PRACTICES AND

MI STATEMENTS 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 FO RTH 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 T O MAKE THOSE P AST PLEADINGS

VERIFIABLE. THE COMPLAINANT HAS VERIFIE D ALL OF ITS PLEADING S AND BA HAS REFUSED TO

VERIFY ANY OF ITS PLEADINGS.

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

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

HORR IBLY WRONG WHEN ON E OF THE WORLD’S LARGEST AIR CARRIERS, WITH REGULARLY

SCHEDULED OPE RATIONS IN AND OUT OF THE UNITED STATES, IS ALLOWED BY THE U.S. DOTPage 2 of 3



### - Ju ly 5 , 2013

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 SAY S 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 o r 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 5 th day of July, 2013

/s/ F. Bennett Cushman II

707

- 292

- 5830

Cushman@thefarmsonoma .comPage 3 of 3



### - Ju ly 5 , 2013 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 Mend les

, Esq., G eneral C ounsel, A mericas, B ritish A irways

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 M r. Cush man

.

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

Tuttle@thefarmsonoma.com )