PHDATA 4083495_1

BEFORE THE UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

PENSACOLA AVIATION CENTER LLC )

)

Complainant )

)

v. )

) Docket No. 16-12-12

PENSACOLA INTERNATIONAL AIRPORT, )

A DIVISION OF THE CITY OF PENSACOLA )

)

Respondent )

MOTION FOR EXTENSION OF TIME

COMES NOW THE RESPONDENT, PENSACOLA INTERNATIONAL AIRPORT 

pursuant to 14 CFR §16.11, and requests an extension of time to November 28, 2012 within 

which to file its responsive pleading to the Complaint in this investigatory proceeding.

In support thereof, Respondent states as follows:

1. The Complaint in this proceeding was docketed on or about September 18, 2012.

2. Complainant served the Complaint on October 9, 2012 (which Respondent 

received on October 15, 2012). Accordingly, the deadline for a responsive pleading was October 

29, 2012.

3. By an initial agreement of the parties, the deadline for a responsive pleading was 

extended to October 31, 2012.

4. Upon thorough review of the 54-page Complaint, which contains 130 allegations 

and well over 500 pages of exhibits, Respondent has determined that it requires an extension of 
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time in which to investigate the allegations of the Complaint in order to prepare a thorough and 

accurate responsive pleading.

5. On Friday, October 26, 2012, Respondent communicated to counsel for 

Complainant a proposed schedule permitting Respondent to file a responsive pleading by

November 28, 2012, and thereafter providing Complainant at least thirty (30) days in which to 

respond to Respondent’s filing. Counsel for Complainant initially indicated that an agreement 

could be reached to extend the deadline and that further discussion on the subject would be had 

the following Monday, October 29th. However, Complainant’s counsel did not contact 

Respondent’s counsel the following Monday as suggested, and has not responded to 

Respondent’s counsel’s communications since. Upon information and belief, Complainant’s 

counsel works and likely resides in an area of New York gravely impacted by Hurricane Sandy 

and, due to the circumstances of that storm and its aftermath, may be unable to timely respond to 

Respondent’s counsel. Counsel for Respondent continues to believe that agreement between the 

parties can be reached for an extension of time to file a responsive pleading; however, in light of 

the imminent passage of the current deadline of October 31st, Respondent finds itself compelled 

to file this Motion requesting an extension of time. 

6. The FAA may authorize an extension of time pursuant to 14 CFR §16.11(a).

WHEREFORE, Respondent requests an extension of time up to and including November 

28, 2012, within which to file its responsive pleading.

Respectfully submitted

By:__/s/ Eric Smith__________________

Eric T. Smith

Schnader Harrison Segal & Lewis LLP

Fifth Avenue Place

120 Fifth Avenue

Suite 2700

Pittsburgh, PA 15222-3001

412-577-5223

esmith@schnader.com

Counsel for Pensacola International Airport

A division o the City of Pensacola
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CERTIFICATE OF SERVICE

I hereby certify that on November 1, 2012, a true and correct copy of the 

foregoing MOTION FOR EXTENSION OF TIME was served by UPS Next Day Mail and 

electronic mail upon the following:

Leonard D. Kirsch, Esq.

McBreen & Kopko

500 North Broadway

Jericho, NY 11753

Attorneys for Complainant

/s/ Eric Smith__________________

Eric T. Smith

Counsel for Pensacola International Airport

A division o the City of Pensacola