# EASTMAN 

# & ASSOCIATES, 

# LLC

Haslachstrasse 39 79868 Feldberg-Falkau GERMANY 

### ATTORNEYS AT LAW POST OFFICE Box 180 CHARLESTON, SOUTH CAROLINA 29402 USA ROBERT G. EASTMAN AoMilTED IN DE , FL, GA, MD , NJ, PA, & SC March 6, 2014 Electronic Mail (9-AWA-AGC-Part 16@faa.gov) Office of the Chief Counsel ATIN: FAA Part 16 Docket Clerk ACC-600 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 PHONE: (843) 329-9657 FAX: (843) 723-0005 robertgeastman @ msn.com

Re: 

### Skydive Myrtle Beach, Inc., v. Horry County Dep't ofAirports, et. a/. Part 16 Complaint filed February 24, 2014- Amended Pleadings Dear Sir/Madame: I represent the Complainant, Skydive Myrtle Beach, Inc. (SDMB), with regard to its Complaint against Respondent, Harry County Department of Airports (HCDA) filed on or about February 24, 2014 (Complaint). A copy of this letter is also being provided to counsel for HCDA. In response to Respondent's motion to dismiss without prejudice the Complaint, Complainant moves to amend its Complaint as follows: 1 . Complainant, SDMB, reincorporates and realleges each of the allegations identified in its Complaint as fully as if repeated herein verbatim . 2. On or about, February 14, 2014, at SDMBs request, SDMB met with HCDA, its agents and North Myrtle Beach Grand Strand Airport (CRE) Air Traffic Control tower, Robinson Aviation, Inc., (ATC), (Meeting) in a good faith effort to resolve the discriminatory conduct identified in its Complaint. 3. At the Meeting, positive feedback between and with CRE ATC resulted in identifying the cause of communication issues with CRE ATC and SDMB . 4. On or about February 17 and 19, 2014 , communication between CRE ATC and SDMB continued forward with respect to developing procedures and working on a new Letter of Agreement (LOA).

140305 .sdmb .hcdcatty.apauth . faa .ltr.finalOffice of the Chief Counsel March 6, 2014 Page 2 5. CRE ATC is a non-government entity contracted to run CRE ATC by Respondent HCDA. 6 . Since February 21 , 2014, all communications from SDMB to CRE ATC and HCDA remain unanswered or ignored. 7. Communications with HCDA have been met by continued discrimination , including but not limited to HDCAs continuing: a. failure to apply fuel discounts to SDMB (as with other similarly situated tenants) (ongoing) ; b. failure to respond to SDMBs communications (ongoing) ; and c. disruption with SDMBs mail and parcel delivery (March 3,4 , 2014) . 8. SDMB certifies pursuant to 14 CFR 

### § 16.21 (b): a. SDMB "has made substantial good faith efforts to discuss and resolve the disputed matter informally prior to the filing of [this C]omplaint" or since September 2014 . See id. 

### § 16 .21(b)(1) ; and b. "There is no reasonable prospect for practical and timely resolution of the dispute. " See id. 

### § 16.21 (b)(2) . 9. SDMB believes that dismissal of its Complaint, without prejudice , will embolden Respondents to continue or increase discriminatory conduct against SDMB. 10 . SDMB respectfully requests the Federal Aviation Administration (FAA) to deny Respondents request to dismiss its Complaint. SDMB welcomes the Entry of Appearance and looks forward to resolving these matters . It has in the past and continues to work in good faith. Unfortunately, even after filing its formal Complaint and Civil Action , HCDA continues its pattern of discriminatory behavior and conduct through its agents or employees. At present, it appears that its employer, HCDA, has directed CRE ATC to no longer communicate with SDMB . Pursuant to 14 CFR 

### § 16(h)(3), the persons designated to receive electronic pleadings are myself at robertgeastman@msn.com .

140305 .sdmb .hcdcatty.apauth . faa .ltr. fi nalOffice of the Chief Counsel March 6, 2014 Page 3 Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact me.

Encl. : () cc: Aaron Holly (via email) RGE/fub

140305.sdmb .hcdcatty.apauth . faa .ltr. finalOffice of the Chief Counsel March 6, 2014 Page4 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing letter regarding Skydive Myrtle Beach, Inc.'s Part 16 Complaint on the following persons by electronic mail in accordance with 14 CFR 

### § 16.13(h):

Office of the Chief Counsel ATIN: FAA Part 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 9-AWA-AGC-Part 16@faa.gov

Dated: March 6, 2014

140305 .sdmb .hcdcatty.apauth . faa .ltr. final David Banner, Esquire Jeffrey Blease, Esquire Jaclyn Piltch Foley 

### & Lardner LLP 111 Huntington Avenue Boston MA 02199 dbannard@foley.com jblease@foley .com jpiltch@foley.com Counsel for Harry County Oep 't ofAirports, et. a/

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