U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief Counsel 

NOTICE OF DOCKETING 

BOO Independence Ave., S.W. 

Washington, D.C. 20591 

The complaint filed by Mark Smith et al. ("complainants") against the City of Santa Monica, 

California ("respondent") under the Rules of Practice for Federally-Assisted Airport Enforcement 

Proceedings, 14 CFR part 16, has been docketed as number 16-16-02 on February 25, 2016. 

The respondent is required to file an answer to the complaint within 20 days of the date of service of 

this notice. 14 CFR § 16.23( d). The answer shall deny or admit the allegations made in the 

complaint and shall assert any affirmative defenses. 

In lieu of an answer, the respondents may file a motion to dismiss or a motion for summary 

judgment. 14 CFR § 16.26. The respondents may move for dismissal of the entire complaint or 

specific issues from adjudication. The motion must be filed within 20 days after the date of service 

of this notice. If such a motion is filed, an answer must be filed within 20 days of the date of service 

of an FAA order denying all or part of that motion. 14 CFR § 16.23( d). If the Director does not act 

on the motion within 30 days of the date an answer to such a motion is due, then the respondent shall 

file an answer to the complaint within the next 20 days. 14 CFR § 16.26(b)(5) & (c)(5). 

The complainant may file a reply within 10 days of the date of service of the answer. The 

respondents may file a rebuttal within 10 days of the date of service of the reply. 14 CFR 

§ 16.23(e)-(f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by 

supporting documentation upon which the parties rely. The answer, reply, and rebuttal shall each 

contain a concise but complete statement of the facts relied upon to substantiate the answers, 

admissions, denials, or averments made. 14 CFR § 16.23(g), (i). Amendments or supplements to the 

pleadings will not be allowed without showing good cause through a motion and supporting 

documents. 14 CFR § 16.23G). 

All documents filed with the FAA in this proceeding shall be served (and include a certificate of 

service) by the persons filing them on all parties to the proceeding, and with the Office of the Chief 

Counsel as follows: FAA Part 16 Docket Clerk, AGC-600, Federal Aviation Administration, 800 

Independence Avenue SW, Washington, DC 20591. 14 CFR §§ 16.13, 16.15. With the exception of 

electronic filing or unless otherwise specified, an executed original and three copies of each 

document shall be filed with the Part 16 Docket Clerk. One of the three copies shall not be stapled, 

bound or hole-punched. 14 CFR § 16.13(c). 

Electronic filing of part 16 documents is permitted under the following guidelines, 14 CFR § 

16.13(h): 

• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be 

Adobe PDF file(s). The subject line of the e-mail must contain the names of the complainant and 

respondent, as well as the FAA docket number, if assigned. The size of the email may not exceed l 0 

MB. 
• E-mail filings shall be sent to the FAA Docket Clerk at 9-AWA-AGC-Part-16@faa.gov and the 

opposing party (only if the opposing party has agreed with the complainant in writing to participate 

in electronic filing; otherwise service must be made pursuant to 14 CFR § 16.15). The FAA will not 

provide any acknowledgement or receipt to parties filing electronically. 

• A party filing electronically must provide the FAA Docket Clerk and the opposing party an email address designating its representative to receive electronic pleadings and documents by e-mail. 

• A party availing itself of electronic filing as described in this document and 14 CFR § 16.13(h) 

waives its rights under part 16 to service by any other means from the opposing party or FAA. 

• A party filing electronically will include with its pleadings a certificate of service stating the 

method as electronic by or via e-mail. In regard to computation of time, the date of the e-mail is not 

included in the computation oftime under this part. 14 CFR § 16.17( a). Parties will start the count 

as of the day following the date the e-mail was sent1 

The Department of Transportation (DOT) uses the goverument-wide Federal Docket Management 

System (FDMS) at http://www.regulations.gov. Accordingly, if filing paper documents with the 

FAA, please ensure that at least one of the required copies is unbound and without tabs. Exhibit 

numbers in unbound copies should be noted on the~ first page of each exhibit or in divider 

pages. T.!JF FAA will forward all electron~uetl:'ilssions (like the paper submissions) to FDMS for 

public vie_x\,ing. ~ 

Scott 

"<.yr~~ E. Mitchell 

Senior Attorney, Airport Law Branch 

Office of the Chief Counsel 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on February ,;/~2016, I caused to be placed in the United 

States Mail (first class mail, postage paid) or personally delivered a true copy of the 

foregoing NOTICE OF DOCKETING addressed to: 

1 Please note: This paragraph exempts only the parties from the filing requirements under 14 CFR § 

16.13(a)-( c). If a party subsequently decides to "opt-out" of electronic filing, it must notifY the FAA 

Docket Clerk and opposing party in writing. 14 CFR § l6.l3(h)(4). The electronic filing method may be 

used in lieu of or in addition to the existing requirements set forth in part 16. 
Counsel for Complainants 

Richard K. Simon, Esq. 

1700 Decker School Lane 

Malibu, CA 90265 

Counsel for Respondent 

Marsha Moutrie, Esq. 

City Attorney 

City of Santa Monica 

1685 Main Street, Room 31 0 

Santa Monica, CA 90401 

Hand-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

FAA Office of Airport Compliance and Management Analysis (AC0-1 00) 

Christopher Hu h 

Airports & Environmental Law Division 

FAA Office of the Chief Counsel