(5Ei ¥ 

UNITED STATES DEPARTMENT OF TRANSPORltW'^ibNrpn i g OQIO 

FEDERAL AVIATION ADMINISTRATION " "^ '^'^° ' -

WASHINGTON, D.C. 

In) 

AIRPORT/ENVUWNMENTAL 

LAW, fflC-600 

VENICE JET CENTER, LLC 

Complainant, 

FAA Docket No. 16-09-05 

CITY OF VENICE, FLORIDA, 

Respondent. 

RESPONDENT CITY OF VENICE, FLORIDA'S 

MOTION FOR LEAVE TO FILE DOCUMENTS 

In response to recent events that have rendered Complainant's claims in this proceeding 

moot, Respondent City of Venice, Florida ("City") respectfully moves the Federal Aviation 

Administration ("FAA") for leave to file a Motion to Dismiss all claims in this case, along with a 

Memorandum of Points and Authorities and accompanying exhibits in support of the motion. 

Motions are the appropriate means by which parties should apply for an order or ruling 

not otherwise specifically provided for the in the Part 16 procedures. Jetaway Aviation v. 

Montrose County, FAA Docket No. 16-08-01, 2009 WL 2136622 at * 16 (Director's 

Determination, July 2, 2009). Although the pleadings have been closed in this proceeding, new 

facts have arisen that pertain directly to the outcome of the case. In Part 16 proceedings, new 

motions and evidence may be introduced pursuant to § 16.19(a) after the pleadings have been 

closed but before a Director's Determination is issued. Ricks v. Millington Municipal Airport 

Authority, FAA Docket No. 16-98-19,1999 WL 1295210 (Final Decision and Order, Dec. 30, 

1999); Boston Air Charter v. Norwood Airport Cms 'n, FAA Docket No. 16-07-03,2008 WL 

4186034 at *20 (Final Decision and Order, Aug. 14, 2008) (Respondent could submit motion 
seeking to supplement the record during period of pendency before the Director issued a 

determination). 

Last September, Respondent filed a Motion to Dismiss pursuant to 14 C.F.R. § 16.23(j) 

along with its Answer and Affirmative Defenses in this matter. In January 2010, through the 

Receiver appointed by a federal district court to control Venice Jet Center ("VJC"), VJC's assets 

were sold to a third party, and all of VJC's rights under its leasehold at the Venice Municipal 

Airport ("Airport") were assigned to the same third party. Consequently, VJC is no longer a 

tenant at the Airport. Its claims are therefore moot and should be dismissed, as requested in 

Respondent's accompanying Motion to Dismiss and Memorandum of Points and Authorities in 

support thereof See Jetaway Aviation, Inc. v. Montrose County, Colorado, 2009 WL 2136622 at 

*43-44 (dismissing economic discrimination claims for mootness following termination of 

Complainant's on-airport lease). 

For the above reasons, the City of Venice respectfully requests leave to file the 

accompanying Motion to Dismiss and Memorandum of Points and Authorities in support 

thereof. 

Respectfiilly submitted on behalf of the Respondent City of Venice, this 18"' day of 

February, 2010: 

Robert C. Anderson 

Hall & Anderson, P.A. 

1314 East Venice Avenue, Suite E 

Venice, Florida 34285 

randerson@hall-anderson.com 

Telephone: (941) 480-0999 

Facsimile: (941)480-1446 

Thomas R. Devine 

W. Eric Pilsk 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave NW, Suite 800 

Washington, DC 20036 

tdevine@kaplankirsch.com 

epilsk(a).kaplankirsch.com 

Telephone: (202) 955-5600X568 

Facsimile: (202) 955-5616 
Arthur P. Berg 

Kaplan Kirsch & Rockwell LLP 

445 Park Ave., 9th Floor 

New York, New York 10022 

aberg(a),kaplankirsch.com 

Telephone: (212) 836-4048 

Facsimile: (646) 514-5440 

Counsel for Respondent City of Venice, FL 
CERTIFICATE OF SERVICE 

I hereby certify that I have served the foregoing RESPONDENT CITY OF 

VENICE, FLORIDA'S MOTION FOR LEAVE TO FILE DOCUMENTS on the 

following party at the following address by overnight delivery on February 18,2010: 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 

Room 925 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Original and 3 copies by overnight delivery 

I also hereby certify that I have served the foregoing RESPONDENT CITY OF 

VENICE, FLORIDA'S MOTION FOR LEAVE TO FILE DOCUMENTS on the 

following persons at the following addresses by overnight delivery and facsimile on 

February 18,2010: 

Gianluca Morello, Esq. 

Dominique Pearlman, Esq. 

WL\ND GUERRA KING P.L. 

3000 Bayport Drive, Suite 600 

Tampa, FL 33607 

Fax No. (813)347-5199 

1 copy 

Richard L. Richards, Esq. 

RICHARDS & ASSOCL^TES 

232 Andalusia Avenue, Suite 202 

Coral Gables, FL 33134 

Fax No. (305) 448-2229 

1 copy 

I also hereby certify that I have served the foregoing RESPONDENT CITY OF 

VENICE, FLORIDA'S MOTION FOR LEAVE TO FILE DOCUMENTS on the 

following persons via facsimile and electronic mail at the following addresses on 

February 18,2010: 

Jonathan Cross 

Manager 

Airports Law Branch, AGC-610 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

RM900E 

Washington, DC 20591 

Fax No. (202) 267-5769 

j onathan.crossfgifaa. gov 

ICopy 

Dated this 18"* day of February, 2010: 

Raymond Veatch 

Senior Attorney 

Airports Law Branch, AGC-610 

Office of the Chief Coimsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

RM900E 

Washington, DC 20591 

Fax No. (202)267-5769 

raymond. veatch(a),faa. gov 

ICopy