DENNIS R. HABER, P.A. 

Providing independent General Counsel services to the Business & Aviation Community 

Of Counsel: 

Jill Sharon White, Esq. 3 

Jill@lawvenmiami.com 

Michael Bernstein, Esq. 2 

Michaeirailawvermiami.com 

Enrique J. Fernandez, Esq. 3 

Enriqueig'EJFPA.com 

August 25, 2010 

Dennis R. Haber, Esq. 1 

Dennisfgllawvermiami.com 

Dennis(a)av81awver.com 

1 Admitted to Florida, Washington, D.C., and New York 

2 Admitted to Florida, New Jersey, and New York 

3 Admitted in Florida 

?"--'% 

Member: 

Lauyer-Pilot Bar 

Assn. 

A( )PA Plan 

Provider 

NBA A 

EAA 

Services: 

Ucncral Coimicl 

Contract 

Oevelopfiienl 

NTSB. IJOr, iind 

FAA matters and 

Administrative 

i lcarin'j> 

Aircraft 

Registration & 

Cape IcuMi 

Convention IsMies 

AircraitA IBO 

Sales & I'lirehase 

< orpciratc &. 1 nlity 

(('rnuilion 

(, ommercial & 

Business I itigation 

DebtiT ^ Creditor 

Rights 

r niplovnient I aw 

Lease & I inanee 

Negotiations 

Mediation & 

Arhilration 

U13I Ixeluinge s 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

US Dept. of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, SE 

East Bldg. Ground Floor, Room El2-320 

Washington, DC 20590 

m 2 6 2010 

"'NG DOCKET 

FAX: 202-366-7536, 

Re: 

CPIDSD or©/ / ^0/0- Dl^^>-

FAA V. Cloud Dancer Aviation 

Case No: Not Assigned Yet 

Dear Judge Yoder; 

With respect to the above referenced matter, enclosed please find a copy of our 

Motion to Compel, and Motion to Reopen Discovery Process and/or Consider 

Pending Discovery Motions. 

Thank you for your assistance and should you have any questions, please feel free to 

contact my office. 

Sincerely, 

DennisR. Haber, Jifiq. 

DRH:ad ^ 

Cc: Michelle Harper, Esq. 

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Main Office: 8925 SW 148 Street, Suite 200 • Miami, FL 33176 • Phone: 305-256-3002 • Fax: 305-256-3004 

130 Main Street • Nyack, New York 10960 • Phone: 845-348-4747 
U.S. Department of Transportation 

Office of Hearings 

Washington, D.C. 

In the Matter of: 

CLOUD DANCER AVIATION 

Respondent. 

FAA DOCKET NO. CPlOSOOOOl 

(Civil Penalty Proceeding) 

DMS NO. FAA-2010-0192 

MOTION TO REOPEN DISCOVERY 

AND/OR CONSIDER PENDING DISCOVERY MOTION 

Respondent, CLOUD DANCER AVIATION, through counsel, moves this Court to reopen the 

discovery process and/or take such appropriate action as may be necessary, and as reasons state: 

1. Respondent has attached hereto, our Motion to Compel Discovery for which 

complainant has failed to comply through all reasonable efforts on our part. 

2. It is incumbent upon all parties in any litigation matters, to cooperate to the extent that 

is appropriate and necessary in order to maintain a level of professionalism. 

3. To this end. Respondent has repeatedly requested to take depositions of various key 

parties. 

4. These parties are more specifically delineated in the attached Motion and supporting 

documentation. 

5. The undersigned counsel has made every effort to cooperate and assist in coordinating 

the depositions of these parties however, Complainant has failed to produce and/or 

make available these parties on dates that were also good for both counsel. 

6. In so doing, the parties have exceeded the initial pre-trial discovery directive of this 

court, notwithstanding the best efforts of the undersigned. 
7. To not have the depositions of these key witnesses would prejudice and adversely affect 

the ability for the Respondent to properly and fiilly defend this matter. 

8. Further, It should be noted that Complainant has not been in contact with Respondent as 

to any attempts to resolve and/or settle the disputed matters. 

WHEREFORE, Respondent prays this Court grant leave for discovery and deposition of 

the referenced parties, and/or remove said matter from the docket until such time as Complainant can 

produce these witnesses for deposition and review of same, and/or dismiss the pending matters or such 

other and further relief as Court deems just and appropriate. 

Certificate of Service 

Respondent has attempted in good faith, has conferred or attempted to confer with the person or 

party failing to make the discovery in an effort to secure the information or material without Court 

action. 

I HEREBY CERTIFY that the foregoing was submitted via mail on this day of August 

2010 to 

Andrea Michelle Harper, Esq., Office of Regional Counsel, ASO-7, Southern Region, P.O. Box 20636, 

Atlanta, GA 30320, 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge, US Dept. of Transportation, Office 

of Hearings, M-20, 1200 New Jersey Avenue, SE, East Bldg. Ground Floor, Room El2-320, 

Washington, DC 20590, FAX: 202-366-7536, 

Hearing Docket Clerk, FAA, AGC-430, Suite 2W1000, Wilbur Wright Bldg., 800 Independence 

Avenue, SW, Washington, DC 20591. 

Respectfully submitted, 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, Fl 33176 

Phone: 305-256-3002 

Fax: 305-256-300A 

Dennis R. Haber,Esq ;r,tes 
U.S. Department of Transportation 

Office of Hearings 

Washington, D.C. 

In the Matter of: 

CLOUD DANCER AVL^TION 

Respondent. 

FAA DOCKET NO. CPlOSOOOOl 

(Civil Penalty Proceeding) 

DMS NO. FAA-2010-0192 

MOTION TO COMPEL FOR DEPOSITION 

Respondent, CLOUD DANCER AVIATION, through counsel, moves this Court for an 

Order to Compel Complainant FAA's witnesses for deposition, and to enter sanctions and as 

reasons state: 

1. On April 29**', 2010, Respondent's counsel sent via fax to Complainant's attorney, 

requesting depositions of FSDO Inspector, Larry Enlowe, FSDO Manager Diane 

Fraum, Supervisor Roberto Echevarria, and Inspector Frank Webner, for May 21, 

2010. See attached copy. 

2. On April 30*, Complainant's attorney advised she was not available that day, 

3. On May 11,2010, undersigned counsel submitted several dates for requested 

depositions; May 24**^ or May 25*, in Orlando, Fl. See attached copy 

4. On May 12,2010, Complainant's attorney advised she was not available these 

days. See attached copy 

5. On June 7*, 2010, undersigned counsel requested dates of availability of the 

Complainant's attorney so to schedule said depositions. See attached copy 

6. On Jtme 7*, 2010, Complainant's attorney advised she was available the week of 

June 21'', 2010 and the week of July 12*, 2010, but was unaware of the 

deponents' availability. See attached copy 

1 
7. Undersigned counsel advised on June 7*, 2010 that the week of July 12 , was 

available. See attached copy 

8. On June 15*, 2010, imdersigned counsel advised Complainant's attorney that he 

is only available July 15*, 2010, but Complainant's attorney indicated the only 

person available that date for deposition was Inspector Frank Webner. See 

attached copy 

9. On July 13*, 2010, undersigned counsel requested, via fax, if the parties are 

available August 11*, 2010. See attached copy 

10. No response from Complainant's counsel was received. 

11. Complainant's attorney has not filed a Motion for Protective Order and the 

undersigned counsel has made every effort not to be confrontational, but rather 

cooperate with Complainant's schedule and deponents' schedules. 

WHEREFORE, Plaintiff moves the Administrative Law Judge for an Order compelling 

Complainant FAA to provide the witnesses to appear for deposition. 

Certificate of Service 

Respondent has attempted in good faith, has conferred or attempted to confer with the 

person or party failing to make the discovery in an effort to secure the information or material 

v^dthout Court action. 

I HEREBY CERTIFY that the foregoing was submitted via mail on this 'Z- day of 

August 2010 to: 

Andrea Michelle Harj)er, Esq., Office of Regional Counsel, ASO-7, Southern Region, P.O. Box 

20636, Atlanta, GA 30320, 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge, US Dept. of Transportation, 

Office of Hearings, M-20,1200 New Jersey Avenue, SE, East Bldg. Groimd Floor, Room E12-

320, Washington, DC 20590, FAX: 202-366-7536, 

Hearing Docket Clerk, FAA, AGC-430, Suite 2W1000, Wilbur Wright Bldg., 800 Independence 

Avenue, SW, Washington, DC 20591. 
Respectfully submitted, 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, Fl 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 / 

Denniss^. Haber, Esq. 

FBN: 660817 
^ • 

Dennis R. Haber, P.A. 

8925 SW 148"' Street, Suite 200 

Miami. FL 3317B 

Phone: 305-256-3002 

Fax: 305-256-3004 

Dennis R. Haber, Esq. [Dennis@iawvermiami.com) 

fDennisQavBlavwer.com] 

Anna D'Alessandro, Sec. (AnnaBilavwenTiiami.coml 

Fax Cover Sheet 

TO: 

Michelle Harper, Esq. 

CO: 

Office of Regional Counsel 

FAX NO: 

40430&6223 

RE: CLOUD DANCER AVIATION 

2009SC150233 

FROM: 

Dennis R. Haber, Fsq. 

DATE: 

April 29,2010 

TOTAL NO. OF PAGES, INCLUDING COVER: 

1 

FAX ONLY: 

FAX AND MAIL: / 

FAX AND EMAILComments: 

Dear Ms. Harper; 

With respect to the above referenced matter, I am requesting an extension of 7 days, in order to 

respond to your interrogatories. Admissions, and Production, I will be out of the office May 3-5, 2010, 

and I would appreciate your advising nne of your decision as soon as possible. 

Additionally. I would like to schedule the depositions of FAA FSDO Inspector Larry Enlowe, FAA FSDO 15 

Manager Diane Fraum, Supervisor Roberto Echevarria. and Inspector Frank Webner. The depositions 

will be in Orlando, Florida. Therefore, I would appreciate your conferring with the parties for their 

availability on Friday, May 21°, commencing at 10:00 am. with depositions scheduled consecutively 

thereafter. 

Thank you and await your response. 

Sincerely, /J 

Dennis R. f-fefcer, Esq. 

NOTE: Please call 305-256-3002 if you did not receive the all of the pages 

ATTENTION: This facsimile contains PRIVILEGED AND CONRCKNTIAL INFORMATION intended only for the use 

of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination 

of this communication is strictly prohibited. If you have received this facsimile in error, please immediately notify us 

by telephone and return the original facsimile to us at the above address via LI.S. Mail. We will reimburse you for all 

expenses incurred. Thank you. 
04/29/2010 THU 16; 57 FAX -^ m 001 

********************* 

*** FAX TX REPORT *** 

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DEPT. ID 

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PSWD/SUBADDRESS 

DESTINATION ID 

ST. TIME 

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I- w 
Anna Dale 

From: Dennis Haber tdennis@lav\/yermiami.com] 

Sent: Friday, April 30, 2010 5:56 Pfw? 

To: 'Anna Dale' 

Subject: FW: Cloud Dancer-2009SO150233 

—Original Message— 

From: Michelle.Harper@faa.gov [mailto:Michelle.Harper@faa.gov] 

Sent: Friday, April 30, 2010 4:53 PM 

To: dermis@lawyermiami.com 

Subject: Cloud Dancer-2009SO150233 

Hi DermisI am in receipt of your fax of April 29, 2010. I am happy to grant you a 

7-day extension in order to respond to our discovery request, 

Unformnately, I am not available on May 21st for depositions. If you have 

alternate dates in mind, please advise. 

Regards, 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southern Region 

TEL: (404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for 

specific recipients. It may contain or reflect legal analysis and opinion 

of Agency (Counsel for the benefit of Agency decision-making and action. It 

is subject to the attorney-client, attorney work product, and deliberative 

process privileges, and as such, must not be forwarded or otherwise shared 

vidthout express permission. 
Anna Dale 

From: Michelle.Harper@faa.gov 

Sent: Wednesday, May 12, 2010 1:33 PM 

To: Anna Dale 

Subject: Re: FAA v. Cloud Dancer Aviation 

Aima 

I am not available on those dates. I will check my schedule tomorrow (I have to leave for the day) & get 

back to you with alternate dates. 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southern Region 

TEL: (404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 

and action. It is subject to the attorney-client, attorney work product, and deliberative process privileges, 

and as such, must not be forwarded or otherwise shared without express permission. 

From: "Anna Dale" <Anna@lavvyermiami.com> 

To: Michelle Harper/ASO/FAA@FAA 

Date: 05/11/2010 01:53 PM 

Subject: FAA v. Cloud Dancer Aviation 

Dear Ms. Harper; 

Please advise if you are available for the deposition on Monday, May 24, or Tuesday, May 25th. 

Thank you. 

Anna D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 
Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Email: Arma@lawveriniami.com 
Anna Dale 

From: Michelle.Harper@faa.gov 

Sent: Monday, June 07, 2010 3:36 PM 

To: Anna Dale 

Subject: RE: FAA v. Cloud Dancer Aviation 

Hi Anna -

Can you give me the names of the employees you are seeking to depose? 

That way, I can ensure that we are both available. At this time, I am available to week of June 21st and 

the week of July 12th. 

Thanks. 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southern Region 

TEL: (404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 

and action. It is subject to the attorney-client, attorney work product, and deliberative process privileges, 

and as such, must not be forwarded or otherwise shared without express permission. 

From: "Aima Dale" <Anna@lawyermiaini.com> 

To: Michelle Harper/ASO/FAA@FAA 

Date: 06/07/2010 11:45 AM 

Subject: RE: FAA v. Cloud Dancer Aviation 

Dear Ms. Harper; 

In following up to earlier correspondences, please advise what dates you are available so that I may 

schedule the depositions accordingly. 

Thank you. 
Anna Dale 

From: Anna Dale <Anna@lawyermiami.com> 

Sent: Monday, June 07, 2010 4:33 PM 

To: 'Michelle.Harper@faa.gov' 

Cc: 'Dennis Haber* 

Subject: RE: FAA v. Cloud Dancer Aviation 

Hi Ms. Harper; 

The week of July 12th works for Mr. Haber as weU. 

Mr. Haber wants to depose the Inspector Larry Enlowe, Manager Diane Fraum, Supervisor Roberto 

Echevarria, and Inspector Frank Webner. 

Thank you, 

Aima D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Email: Arma@lawvermiami.com 

—Original Message— 

From: MichelIe.Harper@faa.gov [mailto:Michelle.Harper@faa.gov] 

Sent: Monday, June 07, 2010 3:36 PM 

To: Anna Dade 

Subject: RE: FAA v. Cloud Dancer Aviation 

Hi AnnaCan you give me the names of the employees you are seeking to depose? 

That way, I can ensure that we are botii available. At this time, I am available to week of June 21st and 

the week of July 12th. 

Thanks. 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southem Region 

TEL: (404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 
and action. It is subject to the attorney-client, attorney work product, and deliberative process privileges, 

and as such, must not be forwarded or otherwise shared without express permission. 

From: "Anna Dale" <Anna@lawyermiami.com> 

To: Michelle Harper/ASO/FAA@FAA 

Date: 06/07/2010 11:45 AM 

Subject: RE: FAA v. Cloud Dancer Aviation 

Dear Ms. Harper; 

In following up to earher correspondences, please advise what dates you are available so that I may 

schedule the depositions accordingly. 

Thank you. 

Anna D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Sti-eet, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Email: Anna@lawyermiami.com 

—Original Message— 

From: Michelle.Harper@faa.gov [mailto:MicheIle.Harper@faa.gov] 

Sent: Wednesday, May 12, 2010 1:33 PM 

To: Aima Dale 

Subject: Re: FAA v. Cloud Dancer Aviation 

AnnaI am not available on those dates. I wiU check my schedule tomorrow (I have to leave for the day) & get 

back to you with alternate dates, 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southem Region 

TEL: (404) 305-5200 
FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 

and action. It is subject to the attorney-client, attorney work product, and deliberative process privileges, 

and as such, must not be forwarded or otherwise shared without express permission. 

From: "Anna Dale" <Aima@lawyermiami.com> 

To: MicheUe Harper/ASO/FAA@FAA 

Date: 05/11/2010 01:53 PM 

Subject: FAA v. Qoud Dancer Aviation 

Dear Ms. Harper; 

Please advise if you are available for the deposition on Monday, May 24, or Tuesday, May 25th. 

Thank you. 

Anna D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Email: Anna@lawvermiami.com 
Anna Dale 

From: Michelle.Harper@faa.gov 

Sent: Tuesday, June 15, 2010 12:25 PM 

To: Anna Dale 

Subject: Re: FAA v Cloud Dancer Aviation 

Hi Anna 

Inspectors Enlow & Echevarria are not available the week of the 12th. I am still waiting to hear from Ms. 

Frohn. 

Inspector Webner is available that week. 

Michelle Harper 

Attorney 

Office of the Regional Counsel 

Southem Region 

TEL: (404) 305-5200 

FAX: (404) 305-5223 

PLEASE NOTE: This communication is confidential and intended solely for specific recipients. It may 

contain or reflect legal analysis and opinion of Agency Counsel for the benefit of Agency decision-making 

and action. It is subject to the attorney-client, attorney work product, and deliberative process privileges, 

and as such, must not be forwarded or otherwise shared without express permission. 

From: "Anna Dale" <Anna@lavv^ermiami.com> 

To: MicheUe Harper/ASO/FAA@FAA 

Date: 06/15/2010 10:40 AM 

Subject: FAA v Cloud Dancer Aviation 

Dear Ms. Harper; 

Mr. Haber is only available on July 15th. Please advise if we can proceed with the scheduling of the 

depositions for this date. 

Thank you. 
Anna D'Alessandro, Sec. to 

Dennis R. Haber, Esq. 

Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Email: Anna@lavyvermiami.com 
Dennis R. Haber, P A 

892 5 S W 148"" Street. Suite 20 0 

Miami, FL 3317 6 

Phone: 305-256-300 2 

Fax: 305-258-300 4 

Dennis R. Haber, Esq. [Dennis@lawvermiami.com1 

{Dennis@av8lawyer.coml 

Anna D'Alessandro, Sec. fAnnadlawvermiami.com) 

Fax Cover Sheet 

TO: FROM: 

Michelle Harper, Esq. 

CO: 

Office of Regbnal Counsel 

FAX NO: 

404-30&5223 

RE: CLOUD DANCER AVIATION 

2009SC150233 

Dennis R. Haber, Esq, 

DATE: 

July 13,2010 

TOTAL NO. OF PAGES, INCLUDING COVER: 

FAX ONLY: / 

FAX AND MAIL: 

FAX AND EMAILComments: 

Dear Ms. Harper, 

In following up to the correspondences regarding the scheduling of the depositions of Larry Enlowe, 

Manager Diane Fraum, Supervisor Roberto Echevarria, and Inspector Frank Webner, I would 

appreciate your cooperation and advise if your clients will be available for deposition on August 11*. 

2010, in Orlando. Fl. 

Thank you 

Sincerely, 

Dennis R. Habe 

NOTE: Please call 305-256-300 2 if you did not receive the all of the pages 

ATFEINmolVI: This facsimile contains PRIVILEGED AND CONROENTIAL INFORMATION intended only for the use of the 

addressee named above. If you are not the Intended receiver, you are hereby notified that any dissemination of this 

communication is strictly prohibited. If you have received this facsimile in error, please Immediately notify us by telephone and 

retum the original facsimile to us at the above address via U.S. Mail. We will reimburse you for all expenses incurred. Thank 

you. 
07/13/2010 TUB 17:05 FAX @ GDI 

********************* 

*** FAX TX REPORT *** 

********************* 

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