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 

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appointment 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 

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....---------------------------------~~------~-----

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 

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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 

4 
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George, Rashawn R. 

Patient 10: 64029 

Other 10: 

Next Appointment: 

Posting Date Service Date User 

10/24/2012 

10/24;2012 

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CR 

,,_ 

Patient Payment Receipt 

Surgery South, P.C. 

4000 Corporate Center Dr. Ste 140, 

Morrow, GA 302604181 

770-474-7287 

58-1375107 

\ 

Description 

Patient Payment [35,00); Check; 6275; CaPay VisitiO: 120022 

APPL lCD TO PRE :'il, Y CREDIT 

R•,"nC:t"' 'C NONE Billot>!P NONE Serv1c:e Loc:at1on NONE Pract1ce Loc.Jt,on NONE, 

t'JONE Rew:P;e :,:, Jle\JO'> NONE 

NONt: 
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CATE FOR RETU To ScHooL OR WO

' ....- - ,. has been un

and was examined b

---..... 

work on) 

Remarks: ________________________________________________

Date: 

SURGERY Soum, P.c. 

4000 Corporate Center Drive • Suite 140 

Morrow, Georgia 30260 

(770) 474-7287 

Gustavo A. &calera, M.D., F.A.C.S. Shikha Srivastava, M.D., F.A.C.S. 

Manobar N. Nallatbambi, M.D., F.A.C.S. Brian S. Myers, M.D., F.A.C.S. Ahmad I. Nuridd

II 

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