1 UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

FLIGHTLINE GROUND, INC., d/b/a )

FLIGHTLINE FIRST, )

)

Complainant, )

v. ) DOCKET NO. 16

- 11

- 01

)

LOUISIANA DEPARTMENT OF )

TRANSPORTATION AND )

DEVELOPMENT, AS SUCCESSOR TO )

THE LOUISIANA DIVISION OF )

ADMINISTRATION and THE BOARD )

OF COMMISSIONERS FOR THE )

MANAGEMENT OF THE LAKEFRONT )

AIRPORT ; NON

- FLOOD PROTECTION )

ASSET MANAGEMENT AUTHORITY, )

AS SUCCESSOR TO THE BOARD OF )

COMMISSIONERS OF THE ORLEANS )

PARISH LEVEE DISTRICT and )

ORLEANS PARISH LEVEE DISTRICT, )

DIVISION OF NON

- FLOOD ASSETS, )

)

Respondents. )

RESPONSE TO MOTION FOR EXTENSION OF TIME TO FILE ANSWER

COME S NOW, Flightline Ground, Inc., Complainant in the above

- captioned matter,

pursuant to 14 CFR § 16.19(c) and in response to the Motion for Extension of Time to File

Answer submitted by the Louisiana Department Transportation and Development (“DOTD”)

show s a s follows:

1

.

The Complainant does not oppose a reasonable extension of time being granted the

DOTD.2 2

.

Counsel for Complainant did advise counsel for DOTD that he would agree to a

reasonable extension of time for the DOTD to file an answer.

3

.

Counsel for the DOTD declared that he had conducted some research, and he could

explain to counsel for the Complainant the position of the DOTD as to why it was not a proper

party in this action.

4

.

Without being argumentative, counsel for the Complainant would note that attached to

the Complaint as Exhibit C

- 51 is the 2010 A ct 1014 of the Louisiana Legislature which amends

R.S. 36: 509 (P) to read:

The Non

- Flood Protection Action Management Authority (R.S.

38:330.12.1) is placed within the Department of Transportation

and Development and shall perform and exercise its power, duties,

and functions, and responsibilities in the manner provided for by

ag encies transferred in accordance with the provisions of R.S.

36:801.

5

.

A clear reading of A ct 1014 places the Non

- Flood Protection Asset Management

Authority within the Department of Transportation and Development; and, on information and

belief, in the State of Louisiana, there is a cabinet level official who serv es under the Governor

of the State of Louisiana as the Secretary of the Department of Transportation and Development.

6.

It does appear that based upon a reading of A ct 1014, that Louisiana D epartment of

Transportation and Development (“DOTD”) is a proper party to this litigation.3 7.

To the extent that the DOTD maintains it is not a proper party to the litigation, then the

burden is on the DOTD to demonstrate why it is not a proper party in this action.

8.

The Notice of Docketing in this matter declares that the Complainant shall file a reply to

the answer of any Respondent within ten (10) days of service of an answer. However, to the

extent that the DOTD is maintaining that it is not a proper party to this litigation, the

Complainant requests that the briefing schedule be altered until such time as all the parties

necessary for this litigation have been identified and served.

Respectfully submitted, this 17 th day of March, 2011.

s / Alan Armstrong

____________________________________ Alan Armstrong

Georgia Bar No. 022075

Counsel for Complainant

Alan Armstrong Attorney at Law

2900 Chamblee Tucker Road

Building 5, Suite 350

Atlanta, Georgia 30341

P: 770.451.0313

F: 770.451.0317

alan@alanarmstronglaw.com4 CERTIFICATE OF SERVICE

I hereby certify that the foregoing Response t o Motion f or Extension o f Time t o File Answer

h as been served upon Brandon Brown, Esq., Counse l for the Louisiana Department of Transportation and

Development via electronic mail at brandon.brown@la.go v and also that a copy of same has been served

upon Charles Curtis, Esq. by electronic mail at ccurtis@metzgerlawfirm.com

.

This the 17 th day of March , 201 1

.

s / Alan Armstrong

________________________________ Alan Armstrong

Alan Armstrong Attorney at Law

2900 Chamblee Tucker Road

Building 5, Suite 350

Atlanta, Georgia 30341

alan@alanarmstronglaw.com