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UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

J & B ENTERPRISES, INC., 

d^/a RHYTHM SHINE, 

Complainant 

V. Docket No. 16-08-07 

METROPOLITAN NASHVILLE 

AIRPORT AUTHORITY, 

Respondent. 

t o 

CD 

ORDER -

On June 5,2009, Complainant submitted a Motion for Extension of Time to File Appeal yia _ 

facsimile requesting an extension of time to submit an appeal of the Director's Determinktion 

issued in this matter. On June 9,2009, Respondent submitted an Answer in opposition to 

Complainant's Motion for Extension. 

Complainant contends in its Motion that an extension is necessary "for a fair and complete 

hearing of matters before the Agency." [14 CFR § 16.11(a)] Complainant contends that counsel 

has only recently been retained in this matter and that the Complainant had been largely 

unrepresented since the beginning of the proceedings. Complainant argues it is necessary for the 

sake of fairness to allow counsel time to become familiar with the record to adequately prepare 

an appeal.' Accordingly, Complainant requests a thirty (30) day extension of time to file an 

appeal. 

Respondent opposes the extension of time and believes that the Complainant's justification for 

the extension should be rejected. Respondent contends that it will be prejudiced by an extension 

because the proceeding is a cloud over both the airport's ACDBE program and its efforts to 

contract for a shoe shine concession. Respondent requests that the Complainant's Motion be 

denied. 

The Director has weighed all the elements at issue, including the fact that 14 CFR Part 16 is an 

expedited procedure and the respective positions of the parties, to arrive at the decision in this 

Order. The Director finds: 

1. Motions are the appropriate means to make application for an order or ruling not otherwise 

specifically provided for in the regulation. [See 14 CFR § 16.19(a)] Parties are allowed to file 

' Complainant's counsel notes that Complainant has not received copies of Items 11 and 12 of the Administrative 

Record. Title 14 CFR Part 16 is a public docket and the exhibits in tiie Administrative Record are available for 

review and copying at the Docket Clerk's Office. 

1 
an Answer in Support or Opposition to a Motion. [See 14 CFR § 16.19(c)] These procedural 

requirements have been met. 

2. The Complainant has provided an appropriate reason justifying its need for an extension of 

time to file an appeal. The Complainant's change in counsel is a reasonable good cause 

justification for granting a 30 day extension of time. 

3. The Respondent provided evidence of possible prejudice and the Director recognizes that an 

extension of time will result in a brief delay, but such potential prejudice and delay are 

outweighed by the interest to maintain fairness in this proceeding. 

Accordingly, it is hereby ORDERED: 

Complainant's Motion for an Extension of Time to File Appeal is hereby granted. Therefore, 

pursuant to 14 CFR § 16.11(a), the time period for filing an appeal of the Director's 

Determination in this case pursuant to 14 CFR § 16.33(b) is extended for thirty days to July 8, 

2009. Respondent may file a Reply to the appeal within 20 days after the date of service of the 

appeal. 

Randall S. Fiertz Date 

Director 

Office of Airport Compliance 

and Field Operations 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on June \ ^ 2009,1 caused to be placed in the United States mail 

(first class, postage paid) or personally delivered a true copy of the ORDER addressed to: 

Arthur P. Berg 

Kaplan Kirsch & Rockwell LLP 

641 Lexington Ave., Suite 1409 

New York, New York 10022 

Thomas J. Henderson 

Henderson Law Firm, PLLC 

Suite 350 

1425 K. Street, NW 

Washington, DC 20005 

Thomas R. Devine 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., N.W. 

Suite 800 

Washington, D.C. 20036 

Lisa Reynolds 

Kaplan Kirsch & Rockwell LLP 

1675 Broadway, Suite 2300 

Denver, CO 80202 

Robert Watson 

MNAA 

One Terminal Drive, Suite 501 

Nashville, TN 37214 

Brendell Osuchukwu, ACO-lOO 

Office of Airport Compliance