BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

CEIJEB 

SKYDIVE SACRAMENTO, 

Complainant, 

V. 

THE CITY OF LINCOLN, CALIFORNIA, 

Respondent. 

AIRPORT/ENVIRONMENTAL 

LAW, AGC-600 

Docket No. 16-09-09 

RESPONDENT'S OPPOSITION TO 

COMPLAINANT'S MOTION TO STRIKE 

Please serve: 

Scott P. Lewis 

Christine M. Griffin 

ANDERSON & KREIGER LLP 

One Canal Park, Suite 200 

Cambridge, MA 02141 

T: 617.621.6500 

F: 617.621.6660 

slewis@andersonkreiger.com 

cgriffin@andersonkreiger.com 

Counsel for Respondent 

November 3, 2009 

(A0092I23.1 ) 
BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

SKYDIVE SACRAMENTO, 

Complainant, 

V. 

THE CITY OF LINCOLN, CALIFORNIA, 

Respondent. 

Docket No. 16-09-09 

RESPONDENT'S OPPOSITION TO 

COMPLAINANT'S MOTION TO STRIKE 

The respondent, the City of Lincoln, California (the "City"), submits this Opposition to 

Complainant's Motion to Strike Section II. A. Of Respondent's Rebuttal or. In the Alternative, 

For Correction of Misstatements (Complainant's "Motion to Strike") under 14 C.F.R. § 16.19(c). 

The Complainant, Skydive Sacramento ("Skydive"), offers no valid reason to strike any part of 

the City's Rebuttal and instead improperly uses its Motion to Strike to reargue its case and 

reposition itself once again.' The FAA should deny the Motion to Strike and disregard the 

arguments that Skydive has offered in this untimely and unauthorized pleading. 

Without ever making any apparent effort to investigate the terms of the leases the City had offered to other 

tenants at the Airport, in its Complaint Skydive asserted a litany of unjust discrimination claims against the City. 

When the City showed in its Answer that the lease terms it had offered to Skydive were comparable to the terms 

offered to similarly-situated tenants, Skydive dropped all but four of its claims: two relating to insurance issues 

unique to Skydive and two prompted by petty complaints about inconsequential provisions of the City's proposed 

lease. 

(A0092123.1 ) 
Much of Skydive's Motion to Strike simply rehashes arguments Skydive made in its 

Reply. The only new argument Skydive makes in its Motion is that the City should not be 

worried about potential liability associated with skydiving activities because (a) the skydivers 

will sign a waiver of liability, and (b) a California state statute provides municipalities with 

inimunity from certain kinds of claims arising out of "hazardous recreational activity," including 

"sky diving and sport parachuting," California Government Code § 831.7 {see Motion to Strike 

at 4-5). 

The issue of the waiver of liability is not new; in its Rebuttal (at 7, n.7), the City noted 

that it would require Skydive to obtain from each of its jumpers a waiver of liability inuring to 

the benefit of the City. The immunity statute, however, was never raised by Skydive before, 

either in its negotiations with the City or in its pleadings in this case. While both the waivers and 

the immunity statute provide some comfort, the City continues to believe that it is reasonable and 

prudent for the City to insist upon having insurance coverage that would fiilly protect the City in 

the event a skydiving accident causes serious bodily injury or death. 

Skydive claims that it has given the City proof of all the insurance that Skydive can 

possibly provide. Skydive has provided two certificates of insurance to the City. The first shows 

the liability coverage Skydive has for itself (^ee City Ex. 32, attached). Skydive concedes that it 

has no coverage for claims by jumpers arising out of skydiving accidents {see Motion to Strike at 

3). The second purports to show the $50,000 coverage skydivers have for themselves, if they are 

members of the United States Parachute Association ("USPA") {see City Ex. 33, attached).^ 

^ Skydive has not given the City any reliable assurance that all of Skydive's jumpers will be members of the 

USPA and will have this coverage. Any lease by the City for a jump zone would require that Skydive obtain a 

suitable waiver from each of its jumpers and that each of its jumpers be members of the USPA and have this 

coverage. 

(A0092123 I1) ) 2 
The City maintains the position that it articulated in its Rebuttal that (a) if the City is able 

to procure liability coverage that attaches at the limits of coverage that Skydive (or its jumpers) 

can provide, the City would enter into a lease with Skydive, provided Skydive agrees to pay for 

the incremental costs of insurance attributable only to Skydive's activities at the Airport; and (b) 

if the City is unable to procure such coverage, the City will not permit Skydive to operate a jump 

zone at the Airport because the City has no obligation to assume uninsurable risks associated 

with inherently dangerous tenant activities {see Rebuttal at 6-8). 

Conclusion. 

For all of these reasons, the FAA should deny Skydive's Motion to Strike and grant 

Skydive no relief 

Respectfiilly submitted, 

Scott P. Lewis 

Christine M. Griffin 

ANDERSON & KREIGER LLP 

One Canal Park, Suite 200 

Cambridge, MA 02141 

T: 617.621.6500 

F: 617.621.6660 

slewis@andersonkreiger.com 

cgriffin@andersonkreiger.com 

Coimsel for Respondent 

November 3, 2009 

(A0092123.1M ( 3 
CERTIFICATE OF SERVICE 

I hereby certify in accordance with 14 CFR § 16.15(a) that today I served the foregoing 

Respondent's Opposition To Complainant's Motion To Strike on the following persons at the 

following addresses by Federal Express: 

Richard J. Durden 

Attorney at Law 

27987 Richmond Hill Road 

Conifer, CO 80433 

Office of Chief Counsel, Attention: 

FAA Part 16 Airport Proceedings Docket 

AGC-610 

FEDERAL AVIATION ADMINISTRATION 

800 Independence Avenue, SW 

Washington, DC 20591 

Dated this 3'*^ day of Novembef; 200S 

Christine M. Griffin 

for the Respondent 

(A0O92123.1 ) ' 
/ 

Certificate of Insurance 

Falcon Insurance Agency, Inc. 

P. O. Box 92409 

Austin, Texas 78709-2409 

512-891-8473 

August 25, 2009 

This is to certify lo: City of Lincoln 

1480 Flightline Drive 

Lincoln, California 9S648 

That insurance has been renewed for: N80896, LLC dba Skydive Sacramento 

2896 Fox Den Circle 

Lincoln CA 95648 

Insurance Company - U, 

EffecUve: 8/6/2009 

AIRCRAFT UABIUTY 

S. Specialty Insurance Company 

Expiration: 8/6/2010 

Policy Noa. - GA00162960-01 & UA00162958-01 

UMITS OF LIABILITY AIRPORT UABILITY LIMITS OF LIABIUTY 

Bodily Injury 

Property Damage 

Passenger 

Single Limii including 

Passenger bui not to exceed 

Single Limit Excluding 

Passengers 

Each Person 

Each Occurrence 

Each Occurrence 

Each Person 

Each Occurrence 

Each Occurrence 

Each Passenger 

Each Occurrence: $300,000 

Bodily Injury 

Property Damage 

Single Limit Premises 

Liability 

Products Liability 

Contractual Liability 

Hangarkeepers' Legal 

Liability 

Bach Person 

Bach Occurrence 

Each Accident 

Each Occurrence: $1,000,000 

Annual Aggregate: $2,000,000 

Each Occurrence & Annual 

Aggregate 

Each Occurrence 

One Aircraft 

All Aircran 

Deductible 

Aircraft Insured: 1968 Cessna 182 N42876 

The City of Lincoln is included as an additional insured with respect to the airport premises liability insurance 

described herein, but only with regard to the non-operational interest of addressee in the aviation premises and 

operations of the Named Insured at the Lincoln Regional Airport. 

The insurance described above is provided only for the benefit of the addressee. 

The certificate issuer will endeavor to provide the addressee with thirty (30) days advance notice in the event 

the above-described insurance policy is cancelled prior to 8/6/2010. 

This Certificate of Insurance neither affirmatively nor negatively amends, alters or extends the coverage 

afforded by the above numbered policy. 

Jack Harrison 

Falcon Insurance Agency 
Certificate of Insurance 

February 23, 2009 

Named Insured: The Individual Members of the United States Parachute Association 

Company: 

Policy Number: 

Effective Date: 

Expiration Date: 

StarNet insurance Company 

BA09M1008S 

12:01 AM March 1.2009 

12:01 AM March 1. 2010 

Hits Certliteata does not amend, extend or otherwise alter the tenns and conditions of the policies referred to herein 

MemberehiP Jump Coverage at a USPA Prop Zone Limits of LtabiMtv 

Combined Single Limit Bodily Injury and Property Damage UatHltty: $ 50,000 . Per Occurrence j 

$1,000,000. Aggregate 

Location: Lincoln, CA 

Additional Insured only as Respects Operations of the named insured: 

City of Lincoln 

Lincoln Regional Airport, California 

with whom we agtiee, if possible, to notify 30 days before date of cancellation if polky $boatd 

be cancelled, but tht Company shall not t>c liable in arnv way for failure to give such notice. 

Insurance Technologies & Programs 

A Division of Air Capital Insursmce, LLC 

P.O. Box 148 

Wichita, KS 67202 

'-^OjlxiCfcXbLJU^AfiUilJuJ 

Authorized Signature