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 FOR EXTENSION OF TIME 

Respondent, Airborne Maintenance and Engineering Services, Inc. ("AMES") 

hereby moves pursuant to §13.213 of the Rules of Practice (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) of the Rules of Practice provides for an 

additional five days after service by mail, but it is unclear whether the additional time 

applies in this situation since the FAA Motion was served by both facsimile and certified 

mail. (Section 13.2ll(b) provides that a person may serve documents only by personal 

delivery or by mail so the affect on Respondent's answer date of the FAA Motion also 

having been served by facsimile is unclear.) If Your Honor determines that section 

13.211 (e) provides Respondent with an additional five days to file its answer, this request 
Good- 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 of Unavailability, Complainant's counsel advised Your Honor 

that he would be out of the 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 

that the FAA's deadline to respond be tolled through January 4, 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 the holiday 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 day period would end on Saturday, January 3'd. If Your Honor determines 

that section 13.211(e) provides Respondent with an additional five days to file its answer, 

the undersigned requests that he be so advised. 

2 Section 13.213(b) provides that written motions for extensions of time be 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 otherwise be due. As noted, Respondent's counsel received the FAA Motion on 

Friday, December 191

h and on the next business day (Monday, December 22nd) informed 

Your Honor's Attorney-Advisor that Respondent would be filing this Motion for 

Extension of Time. 

3 Respondent does not object to the FAA's request except to the extent it may be read as 

applying to this motion for an extension of time. The undersigned notes, however, that 

Complainant's counsel did not file a motion for an extension oftime under section 

13.213 of the Rules of Practice, but instead chose to submit a "Notice" in which he 

simply informed Your Honor of his unavailability and requested a tolling of the FAA's 

answer date to any motion that may be filed by Respondent. 

4 By Executive Order, dated December 5, 2014, the Federal Government is closed on 

December 26th this year. See http://www.whitehouse.gov/the-presso ffice/2 0 14/ 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 if this request is not granted. The confluence of the Christmas holiday at 

the end of this 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 of the extension of the filing of the Respondent's answer to the FAA Motion. 

For the foregoing reasons, the undersigned respectfully requests that Your Honor 

grant this motion to extend Respondent's answer date to the FAA Motion until 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 30th Street, N.W. 

Suite 120 

Washington, D.C. 20007 

Tel: (202) 944-3304 

Fax: (202) 944-3306 

Email: rsilverberg@sgbdc.com 
CERTIFICATE OF SERVICE 

I hereby certify that on this 23'd day of December 2014, I caused the foregoing 

Respondent's Motion For Extension of Time to be served upon the following: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

Suite 2Wl 000 

Washington, D.C. 20591 

(Attention: Hearing Docket Clerk, AGC-430) 

Tel: (202) 385-8227 

(original and one copy by FedEx overnight delivery) 

The Hon. J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El1-310) 

Washington, D.C. 20590 

Tel: (202) 366-2132 

Fax: (202) 366-7536 

(one copy by facsimile and First Class Mail) 

Christopher R. Stevenson, Attorney 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

Tel: (404) 305-5200 

Fax: ( 404) 305-5223 

(one copy by facsimile and First Class Mail) 

72t.../U6 

Robert P. Silverberg 
SILVERBERG 

GOLDMAN& 

B IKO FF, 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 2 4 2014 

HEARING DOCKET 

(Attention: Hearing Docket Clerk, AGC-430) 

Re: In the Matter of Airborne 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 of Time. 

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 

.,?.u!./2-s 

Robert P. Silverberg