U.S. DEPARTMENT OF TRANSPORTATION



### ~ OFFICE OF HEARINGS WASHINGTON, DC

FEDERAL AVIATIONADMINISTRATION, } Complainant, } } v. } } FISHER SCIENTIFIC COMPANY,LLC, } Respondent. } Inthe Matter ofFisher Scientific Company, LLC DocketNo. FAA-2015-1321 (Civil Penalty Action) Judge Rawald

MEMORANDUMAND EXHIBITS IN SUPPORT OF FISHER SCIENTIFIC REQUEST FORAN EXTENSION OF TIME TO RESPOND TO ORDER SIGNED MAY 17, 2016
OnJune 3, 2016, Respondent Fisher Scientific finally received the service copy ofthe Order Judge Rawald signed on May 17, 2016. That was two days after the reply date the Judge set. In view ofthe pathetic condition ofthe envelope in which it arrived, itis a miracle that Respondent's counsel received it at all.
The photograph in Attachment 1 shows that the envelope bearing the Order was postmarked as regularmailthe day cifter the service date indicated on the Order, then postmarked again on June 1, the day Respondent's reply would have been due. One can only speculate about the condition ofthe envelope when itwas first mailed, but even atthe second mailing itwas addressed in a manner designed for it NOT tobe delivered. The street address oftheundersigned was scissored roughly out ofa piece ofcopy paper and barely attachedtothe envelope. Attachment 2 shows the address dangling precariously. Attachment 3 shows the slip was insecurely affixed with a glue stick and thatno glue was applied to at leastthe left% ofan inch, which would guarantee that the envelope could only be processed by hand.
Such improper preparation would likely have been noticed and corrected ifservice had been sent in accordance with the unequivocally stated requirements ofthe FAA's Rules ofPractice.Memorandum & Exhibits of Fisher Scientific

Lawful types ofservice include either "personal delivery orby mail," 14 C.F.R. Sec. 13.2ll(b ), but "mail includes U.S. certifiedmail, U.S. registered mail or use ofan overnight express courier service." I d. Sec. 13.203. "Mail" does not include regular postal mail. These Rules ofPractice expressly obligate any "person [who]

... shall serve ... any document filed with the [FAA] Hearing Docket." !d. Sec. 13.211(a). Respondentmust also report that documents filed in the above-captioned proceeding have NOT been timely posted with other docket items online at "regulations.gov." Forexample, the pleading Respondent filed December 21, 2015- seven months ago- still is not available there. (Another copy is enclosed for the Judge's convenience.) WHEREFORE, Respondent requests an extension to June 14,2016, to attempt once again to obtain from FAAthe information identified in Judge Rawald's Orders dated April 6 and May 17, 2016. Respectfully submitted,

JerJ

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### i5kJ Jamieson Ave., Suite 1212 Alexandria, VA 22314 (email)jc..Q:X:@JlQ!QJil.i!<::.il!IJi!W

**asso<:;L'l1.~.S.QJil** (tel) 703-757-5866 Counsel for Thermo Fisher Scientific, Inc., and Fisher Scientific Co., LLC

2Memorandum & Exhibits of Fisher Scientific

CERTIFICATE OF SERVICE

On June 7, 2016, the undersigned sent by the indicated type(s) ofservice at least one copy ofthe foregoing Memorandum to each ofthe persons listed below.

D [One Copy by U.S. Certified Mail] The Han. Douglas M. Rawald Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (Ell-310) Washington, DC 20590
D [Original +One Copy by Hand] [Original HearingDocket Clerk, AGC-430 Federal Aviation Administration Wilbur WrightBldg., Suite 2W1000 600 Independence Ave., S.W. Washington, DC 20591
00 [One Copy by Air Courier] Andrea Michelle Harper, Esq. Senior Attorney Regional Counsel, ASO-7 U.S. Department ofTransportation
Federal Aviation Administration Southern Region 1701 Columbia Ave. College Park, GA 30337 0 [One Copy by air courier] The Han. Douglas M. Rawald Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (Ell-310) Washington, DC 20590 0[0riginal +One Copy by Air Courier] Federal Aviation Administration 800 Independence Ave., S.W. Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000
D [One Copy by U.S. Certified Mail] AndreaMichelle Harper, Esq. Senior Attorney Office ofthe ChiefCounsel EnforcementDivision, Southern Team U.S. Department ofTransportation Federal Aviation Administration Southern Region P.O. Box 20636 Atlanta, GA 30320 Andby email to michelle.harper@faa.gov

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# ATTACHMENT 1

# ATTACHMENT 2

# ATTACHMENT 3