U.S. DEPARTMENT OF TRANSPORTATION
OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF:

COASTAL AIR TRANSPORT, INC.

Respondent. FAA Docket No. F AA-2011-1 005 Judge J.E. Sullivan

FAA CASE NO. 2010S0700037

COMPLAINANT'S RESPONSE TO ALJ's ORDER GRANTING
MOTION FOR CONTINUANCE

The Complainant, by and through his undersigned attorney, hereby submits its response to

the Administrative Law Judge's Order dated November 14, 2012. In the Judge's Order the ALJ

states that on November 9, 2012, the Complainant filed a Motion for Continuance asserting that

its undersigned attorney would be unavailable for the Oral Argument scheduled for November

19, 2012. The ALJ scheduled the November 19, 2012 Oral Argument during the October 23,

2012 Motion Conference. Furthermore, the ALJ states in the November 14, 2012 Order, that at

the time of the October 23, 2012 Motion Conference the undersigned attorney failed to profer the

calendar conflict when the Oral Argument was scheduled for November 19, 2012.

The ALJ is correct that at the time of the October 23, 2012 Motion Conference, the

undersigned attorney did not articulate a conflict with the November 19, 2012 date. It was not

until after the Motion Conference on October 23, 2012, that the undersigned received a medical

diagnosis from her primary care physician which required a referral and follow-up with a general

surgeon. As a result, on the afternoon of October 23, 2012, the undersigned scheduled an

1appointment with a surgeon from Surgery South, P.C. for Wednesday, October 24, 2012. See

Exhibit 1, Patient Payment Receipt dated October 24, 2012 from Surgery South, P.C. for

Rashawn R. George. After the October 24, 2012 medical appointment it became clear that

surgery would be required to address the medical condition and on October 26, 2012, surgery

was scheduled for November 12, 2012. Initially, it was communicated that recovery from the

laparoscopic surgery would be one week. As a result, the undersigned was under the belief that

she would be able to return to the office for the November 19, 2012 Oral Argument in this

matter. However, upon completing the pre-op procedures on November 8, 2012 in preparation

for the surgery, it was communicated that the recovery time was one-two weeks. As a result, out

of the abundance of caution, on November 9, 2012, the undersigned filed the Complainant's

Motion for Continuance of the Oral Argument in this matter. On November 21, 2012, the

undersigned received clearance to return to work on Monday, November 26, 2012. See Exhibit

2, Certificate for Return to School or Work signed by Dr. Gustavo Escalera dated November 21,

2012.

The Complainant informed the Office of Hearings as soon as it was aware of the impact

of the undersigned's medical leave from the office on the November 19,2012 oral argument.

Respectfully submitted this 5th day ofDeceniber 2012.

Att mey Office of the Regional Counsel

2**....---------------------------------~~------~-----**



### CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Complainant's Response to ALJ's Order Granting
Motion for Continuance was mailed by Federal Express and facsimile to:

The Honorable J.E. Sullivan DOT, Administrative Law Judge
Office of Hearings,**M~20** U.S. Department of Transportation
1200 New Jersey Avenue, S.E.

East Building Ground Floor
Room**E12~320** Washington, D.C. 20590 (FAX) (202)**366~** 7536

and via Express Mail to:

Michael Foster, President
Coastal Air Transport, Inc.
P.O. Box 3985 Christiansted, St. Croix, VI 00822

and the original and one copy via Federal Express to:

Hearing Docket
U.S. Department of Transportation
Docket Operations,**M~30** West Building Ground Floor
Room W12-140
1200 New Jersey Avenue, S.E. Washington, D.C. 20590



## DEC 0 5 2012

Dated



### 3**cc:~** 

### AS0-7:RRG:12/4/12 F:\Attomey\RRG\hearings\Hazmat\Coastal Air Transport-201080700037\agency response to judge's order granting motion for continuance.doc



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