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 

----- 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 

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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 

202.879.2048 
UNITED 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, 

-againstCITY 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 

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moments 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 

2014. 

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 21,2015. 

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) 364-0612 

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 of Bend 

Spiegel & McDiarmid LLP 

1875 Eye Street, NW 

Suite 700 

Washington, DC 20006 

Page 2 
Mr. Robert Franz, Jr., Attorney for City of Bend 

Law Office of Robert E. Franz Jr. 

730 B St 

Springfield, OR 97477 

Gary Firestone, City Attorney 

City of Bend 

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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