U.S. Department ofTransportation Federal Aviation Administration Office ofthe 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 ofSantaMonica, California ("respondent") underthe Rules of Practicefor Federally-AssistedAirportEnforcement 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 ofthe date ofservice 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 ofan answer, the respondents may file a motionto dismiss or a motion for summary judgment. 14 CFR § 16.26. The respondents may move for dismissal ofthe entire complaint or specific issues from adjudication. The motion must be filed within 20 days after the date ofservice ofthis notice. Ifsuch a motion is filed, an answer must be filed within 20 days ofthe date ofservice ofan FAA order denying all orpart ofthat motion. 14 CFR § 16.23(d). Ifthe Director does not act onthe motion within 30 days ofthe date an answer to such a motion is due, thenthe 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 ofthe date ofservice ofthe answer. The respondents may file a rebuttal within 10 days ofthe date ofservice ofthe reply. 14 CFR § 16.23(e)-(f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by supporting documentation upon whichthe parties rely. The answer, reply, and rebuttal shall each contain a concise but complete statement ofthe facts relied upon to substantiate the answers, admissions, denials, or averments made. 14 CFR § 16.23(g), (i). Amendments or supplementsto 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 inthis proceeding shall be served (and include a certificate of service) bythe persons filing them on all parties to the proceeding, and with the Office ofthe 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 ofeach document shall be filed with the Part 16 Docket Clerk. One ofthe three copies shall not be stapled, bound orhole-punched. 14 CFR § 16.13(c). Electronic filing ofpart 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 ofthe e-mail must contain the names ofthe complainant and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed l 0 MB.• E-mail filings shall be sentto the FAA Docket Clerk at 9-AWA-AGC-Part-16@faa.gov and the opposing party (only ifthe 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 orreceipt 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 itselfofelectronic 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 ofservice stating the method as electronic by or via e-mail. In regard to computation oftime, the date ofthe e-mail is not included inthe computation oftime under this part. 14 CFR § 16.17(a). Parties will start the count as ofthe dayfollowing the date the e-mail was sent1 The Department ofTransportation (DOT) uses the goverument-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffiling paper documents with the FAA, please ensure that at least one ofthe required copies is unbound and withouttabs. Exhibit numbers in unbound copies should be noted on**the~**first page ofeach exhibit orin divider pages. T.!JF FAA will forward all**electron~uetl:'ilssions** (like the paper submissions) to FDMS for public vie_x\,ing.**~**

# "<.yr~~ Scott E. Mitchell Senior Attorney, Airport LawBranch Office ofthe ChiefCounsel

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) orpersonally delivered a true copy ofthe 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). Ifa party subsequently decides to "opt-out" ofelectronic 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 ofor 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 ofSantaMonica 1685 Main Street, Room 310 SantaMonica, CA 90401 Hand-Delivered to: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis (AC0-100)

Christopher Hu h Airports & Environmental LawDivision FAA Office ofthe ChiefCounsel