RE: The Flight Shop, Inc. d/b/a Professional Air and Aero Facilities, LLC v. City of Bend, Oregon- FAA Docket No. 16-14-12 Leonard Kirsch 1 . Nuesch, Pablo 0., 9-AWA-AGC-Part-16, o. meh@francishansen.com C

. Gary Firestone, "rfranz@franzlaw.comcastbiz.net", "Mapes,

c. Katharine M." 12/30/2014 04:21 PM 

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On behalf of the Complainants we attach our opposition to the City's Motion for Extension of Time. As stated in our opposition, the Complainants would agree to an extension to January 21, 2015 only. Leonard D. Kirsch, Esq. McBreen & Kopko 500 North Broadway, Suite 129 Jericho, New York 11753 Tel. (516) 364-1095 Fax (516) 364-0612 Cell (516) 318-5991 AU or a potiion ofthis comrmmication may constitute a confidential and privileged communication between lawyer and client, or among lawyers serving the san1e or different clients. Therefore, no recipient hereofmay re-transmit or otherwise publish this communication without the express approval of sender. Ifyou have received this communication in error, please notify sender and delete. Service oflegal papers ofany type whatsoever by e-mail or fax is not permitted, tmless authorized in advance in writing. Thank you. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be nsed, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Nuesch, Pablo 0. [mailto:pablo.nuesch@spiegelmcd.com] Sent: Tuesday, December 30, 2014 2:37PM To: 9-AWA-AGC-Part-16@faa.gov; Leonard Kirsch; meh@francishansen.com Cc: Gary Firestone; rfranz@franzlaw.comcastbiz.net; Mapes, Katharine M. Subject: The Flight Shop, Inc. d/b/a Professional Air and Aero Facilities, LLC v. City of Bend, Oregon
- FAA Docket No. 16-14-12 Attached is the Unopposed Motion of The City of Bend, Oregon, for an Extension of Time in which to file a response to the complaint.ablo 0. Nuesch

1875 Suite Washington, DC 20006 Phone: 202.879.4000 Fax: 202.393.2866 www.spiegelmcd.com

Opposition !o Motion.pdf 202.879.2048UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION In re the Complaint of THE FLIGHT SHOP, INC. D/B/A PROFESSIONAL AIR, and AERO FACILITIES , LLC Complainants, -against

CITY OF BEND, OREGON MUNICIPAL AIRPORT Respondent. Pursuant to Part 16 ofthe Federal Aviation Regulations Docket No. : 16-14-12

1. The Complainants submit their opposition to the Respondent's Motion to Extend its Time to Respond to the Complaint, except that the Complainants would agree to provide the Respondent until January 21 , 2015 to respond. The reason for this opposition is that unbeknownst to both counsel, the parties have scheduled a deposition of the Respondent at the end of January in a civil lawsuit where there are common issues. It is imperative that Complainants review Respondent's response to the Complaint before the deposition since the defenses raised by the Respondent are critical to this examination of the facts and issues involved in the civil suit. 2
. While neither Mr. Nuesch nor I knew of this deposition, the Respondent knew of this deposition and should have alerted its counsel. While as a courtesy to Mr. Nuesch I agreed to this extension, I did not have authorization from my client and
Page Imoments later was instructed by my client not to give any adjournment past January 21, 2015. 3. The Respondent has had a copy of the Complaint since on or before December 5, 2014 and will have sufficient time to prepare an Answer and/or a Motion to Dismiss. In fact, many of the issues in the Complaint and one can assume in the Answer and Motion are similar to the submissions of both parties in a Part 13 action litigated in 20 14. Conclusion It is respectfully requested that responded not be allowed to extend its time to February 61 h but instead be allowed to extend its time only to July 21,20 15
. Dated: December 30, 2014 Jericho, New York

Leonard D
. Kirsch, Esq. McBreen & Kopko Attorneys for Complainants 500 North Broadway Jericho, New York 11753 Tel: (5 16) 364- 1095 Fax: (516) 364-06 12 CERTIFICATION
I hereby certify that on December 30, 2014, I served the foregoing Oppostion to Motion to Extend Time to Respond on the following persons electronically: Mr. Pablo Niiesch, Attorney for City ofBend Spiegel & McDiarmid LLP 1875 Eye Street, NW Suite 700 Washington, DC 20006

Page 2Mr. Robert Franz, Jr. , Attorney for City ofBend Law Office ofRobert E
. Franz Jr. 730 B St Springfield, OR 97477 Gary Firestone, City Attorney City ofBend City Hall, 710 NW Wall Street P.O. Box 431 Bend, OR 97709 Dated: December 30, 2014 Jericho, New York



# ~ Leonard D. Kirsch, Esq. McBreen & Kopko Attorneys for Complainant 500 North Broadway Jericho , New York 11753 Tel: (5 16) 364-1095 Fax: (516) 364

-0612

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