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 DIVI SION OF THE CITY OF PENSACOLA ) ) Respondent ) **MOTION FOR EXTENSION OF TIME** COMES NOW THE RESPONDENT, PENSACOLA INTERNAT IONAL 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 of2

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. C ounsel 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 29 th

. 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. C ounsel 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 31 st, 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 S mith

___ _______________ 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 Pensacola3 **CERTIFICATE OF SERVICE** I hereby certify

that on November 1, 2012, a true and correct copy o f 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 S mith

___ _______________ Eric T. Smith Counsel for Pensacola International Airport A division o the City

of Pensacola