### In the matter of BEFORE THE 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, D.C.



### Docket No. FAA-2013-0291 FAA Case No. 2011S0290032 AIRBORNE MAINTENANCE AND ENGINEERING SERVICES Respondent Administrative Law Judge J.E. Sullivan

RESPONDENT'S MOTION FOREXTENSION OF TIME 

### Respondent, Airborne Maintenance and Engineering Services, Inc. ("AMES") hereby moves pursuant to §13.213 ofthe Rules ofPractice (14 C.P.R. § 13.213) for an extension of time to file its response to the FAA's Response to Renewed Motion for Sanctions and Motion to Compel and Exclude (the "FAA Motion"). AMES respectfully requests that Your Honor grant it until January 5, 2015 to file its response to the FAA Motion. The FAA Motion, which seeks to compel discovery from Respondent and asks Your Honor to preclude AMES from using certain witnesses, was served on Respondent by facsimile and certified mail on Friday, December 19, 2014. Under section 13.218(d) of the Rules of Practice, Respondent's answer to the FAA Motion would be due on December 29, 2014 unless Your Honor extends the deadline. 1

1 

### Respondent notes that section 13.211 (e) ofthe Rules ofPracticeprovides for an additional five days after service bymail, but it is unclear whether the additional time applies inthis situation since the FAAMotion was served byboth facsimile and certified mail. (Section 13.2ll(b)provides that a personmay serve documents onlybypersonal delivery orbymail so the affect on Respondent's answer date ofthe FAA Motion also having been served byfacsimile is unclear.) IfYour Honor determines that section 13.211(e) provides Respondent with an additional five days to file its answer, this requestGood- cause exists for the seven day extension requested by Respondent.2 First, granting Respondent's request will afford it similar consideration as Complainant's counsel sought for himself in his unilateral Notice of Unavailability, served December 15, 2014. 

### 1n the Notice ofUnavailability, Complainant's counsel advised Your Honor that he would be out ofthe office for the holidays from December 19, 2014 to January 5, 2015, and requested that in the event a motion is filed by Respondent during this period thatthe FAA's deadlineto respond betolled through January4, 2015. 3 Moreover, granting Respondent's request for a short extension will provide Respondent's counsel it with needed additional time to respond to the FAA's 14 page Motion(35 pages with exhibits) during theholiday period. The undersigned's offices are closed on Christmas Day and, following the Federal Government, will also be closed on Friday, December 26th.4 

### 1n addition, counsel for the Respondent is in the process of

is urmecessary since Respondent's deadline would then be Monday, January 5th as the additional five dayperiod would end on Saturday, January 3'd. IfYour Honor determines that section 13.211(e) provides Respondent with an additional five days to file its answer, theundersignedrequests that hebe so advised. 2 Section 13.213(b) provides that written motions for extensions oftimebe filed at least seven days before the document is due unless good cause for the late filing is shown. Good cause also exists for filing this request six days before the Respondent's answer would otherwisebe due. As noted, Respondent's counsel received the FAAMotion on Friday, December 191 h and on the nextbusiness day (Monday, December 22nd) informed YourHonor's Attorney-Advisor that Respondent wouldbe filing this Motion for Extension ofTime. 3 Respondent does not object to the FAA'srequest except to the extent it mayberead as applying to this motion for an extension oftime. The undersigned notes, however, that Complainant's counsel did not file a motionfor an extension oftimeunder section 13.213 ofthe Rules ofPractice, but instead chose to submit a "Notice" in whichhe simplyinformed Your Honor ofhis unavailability and requested a tolling ofthe FAA's answer date to anymotion that maybe filed byRespondent. 4 ByExecutive Order, dated December 5, 2014, the Federal Governmentis closed on December 26th this year. See http://www.whitehouse.gov/the-pressoffice/2014/12/06/executive-order-closing-executive-departments-and-agencies-federalgover. 2

### . packing and preparing to move his firm to new office space. The move is scheduled to take place on December 29th- the same day as Respondent's answer to the FAA Motion would be due ifthis request is not granted. The confluence ofthe Christmas holiday at the end ofthis week and the undersigned's upcoming office move the following week (which is also a holiday week) is more than ample to provide the good cause supporting the grant ofthe extension ofthe filing ofthe Respondent's answer to the FAA Motion. For the foregoing reasons, the undersigned respectfully requests that Your Honor grantthis motion to extend Respondent's answer date to the FAAMotionuntil January 5, 2015.

Dated: December 23, 2014 Respectfully submitted, SILVERBERG, GOLDMAN & 

### BIKOFF, L.L.P. Attorneys for AIRBORNE MAINTENANCE AND 

# ::?;;:?u

RobertP. Si1verberg,Esq.



# ··~ 1101 30thStreet, N.W. Suite 120 Washington, D.C. 20007 Tel: (202) 944-3304 Fax: (202) 944-3306 Email: rsilverberg@sgbdc.comCERTIFICATE OF SERVICE I hereby certify that on this 23'd day ofDecember 2014, I caused the foregoing Respondent's MotionFor Extension ofTime to be served upon the following: Federal Aviation Administration 600 Independence Avenue, S.W. WilburWright Building Suite 2Wl000 Washington, D.C. 20591 (Attention: Hearing Docket Clerk, AGC-430) Tel: (202) 385-8227 (original and one copybyFedEx overnight delivery) The Hon.J.E. Sullivan Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (El1-310) Washington,D.C. 20590 Tel: (202) 366-2132 Fax: (202) 366-7536 (one copybyfacsimile and First Class Mail) Christopher R. Stevenson, Attorney Office ofthe Regional Counsel, ASO-7 SouthernRegion Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 Tel: (404) 305-5200 Fax: ( 404) 305-5223 (one copyby facsimile and First Class Mail) 

# 72t.../U6

Robert P. Silverberg

# SILVERBERG GOLDMAN& 

# BIKOFF, L.L.P. ATTORNEYS AT LAW

VL4FEDEX Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building Suite 2W1000 Washington, D.C. 20591 GEORGETOWN PLACE • Surni20 • ll0130TH5TREET,NW • WASHINGTON, D.C. 20007 VmcE(202) 944-3300 • fACSIMILE (202) 944-3306

December 23, 2014 

# RECEIVED DEC 24 2014 HEARING DOCKET

(Attention: Hearing Docket Clerk, AGC-430) Re: In the Matter ofAirborne Maintenance and Engineering Services Docket: FAA-2013-0291 FAA Case No_: 2011 S0290032 Dear Sir or Madam: Enclosed for filing in the above-referenced case please find an original and one copy of Respondent's Motion for Extension ofTime. Also enclosed is an additional copy of the Motion and a pre-addressed, postage paid envelope_ Please date-stamp the additional copy and return it to our office in the enclosed envelope_ Thank you for your assistance. Please call me at the telephone number listed above if you have any questions regarding this marteL Very truly yours, SILVERBERG, GOLDMAN & BIKOFF, LLP Attorneys for AIRBORNE MAINTENANCE AND ENGINEERING SERVICES 

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Robert P. Silverberg