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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

COMES 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”) 

shows as follows:

1.

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

DOTD. 
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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 Act 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 

agencies transferred in accordance with the provisions of R.S. 

36:801.

5.

A clear reading of Act 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 serves 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 Act 1014, that Louisiana Department of 

Transportation and Development (“DOTD”) is a proper party to this litigation. 
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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 17th 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.com
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CERTIFICATE OF SERVICE

I hereby certify that the foregoing Response to Motion for Extension of Time to File Answer

has been served upon Brandon Brown, Esq., Counsel for the Louisiana Department of Transportation and 

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

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

This the 17th day of March, 2011.

s / Alan Armstrong

________________________________

Alan Armstrong

Alan Armstrong Attorney at Law

2900 Chamblee Tucker Road

Building 5, Suite 350

Atlanta, Georgia 30341

alan@alanarmstronglaw.com