### SERVED: JANUARY 14, 2014

# U.S.DEP~~~~F~~~~RTATION ••.· ·'

# c;f~[\~,

# _ WASHINGTON, DC

In The Matter Of: DocketNo. FAA-2012-0477 LIBERTY FOUNDATION, INC. ) ) ) ) ) ) Case No. 2011 GL-03-0070 Respondent
ORDERRESERVING RULING ON MOTION TO CONTINUE AND DIRECTING THE PARTIES TO FILE SUPPLEMENTAL MATERIALS
OnNovember 26, 2013 an Order Denying Respondent's Motion to Strike, and Granting/Denying Other Reliefwas filed. OnDecember 27, 2013 the Respondent filed Respondent's Motion to Continue Trial Date. OnJanuary 6, 2014 the FAA filed the FAA's Response in Oppositionto Respondent's Motionto Continue Trial Date. That same day, onJanuary 6, 2014, the Respondent filed**R~spondent's** Reply to the FAA's Response in Opposition to Respondent's Motion to Continue Trial Date. Pursuant to 14 C.F.R. 

### §13.218, and after reviewing all relevant caselaw, decisions, regulation, statutory authority, motions, pleadings, and being fully advised;
IT IS HEREBY ORDERED: 1. The Respondent's December 27, 2013 Motion to Continue Trial Date is reserved. 2. 

### On or before January 29,2014 the Respondent is directed to file the following supplemental material in support ofits Motion:
a. A statement, with supporting facts and law, explaining why the Service Members Civil ReliefAct of2003 is applicable in this matter. Specific citation to the portions ofthe SMCRA that the Respondent seeks to rely upon should be included.

## ..

b. A statement identifying when 

### Mr. Fowler notified his commanding officer ("CO") that he had a commitment to attend andtestify at a federal court hearing scheduled during the first week ofhis duty activation, and whether Mr. Fowlerhas asked his CO to eitherpostpone his activation date for one week, grant permission to Mr. Fowler to attend the hearing (either as a representative·or as a witness), ortake other action that would allow Mr. Fowler to attend the hearing.
c. A statement identifying the specialized skills that Mr. Fowlerpossesses, relevant to the issues in dispute in this case, that makes Mr. Fowlerthe only person associated with Liberty Foundation who could act as Liberty Foundation's representative to assist counsel during the hearing.
3. 

### On or before January 29,2014 the FAA is 

### directed to file the following supplemental material insupport ofits Motion:
a. A statement identifying the specific prejudice the FAA would suffer if the hearing was again continued.

Attachment: Service List

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## /J
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## F~lv!S No. FAA-2012-0477 (Civil PenaltyAction) 

### SERVICE LIST-_:,

## BYU.S. MAIL ORIGINAL & 

### ONE COPY Federal Aviation

### Adm.
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### 800 I 

### d Imstratwn**~** 

### ependence Avenue S W Washmgton, DC 20591 ' · · Attention· 

### H · ·**~anng** 

### Docket Clerk, 

### AGC-4JO · Wilbur Wright Building-Suite 2WI000


### Mr. Christopher Stevenson 

### Complainant's Counsel Office ofthe Regional Counsel P.O. Box 20636 Atlanta, GA 30320 

## TEL: 404-305-5200 · FAX: 404-305-5223 Mr. Stuart A. Goldstein**Respondent~** 

### Counsel Stuart A. Goldstein, P.A. 93.50**~outh** 

### Dixie Highway, 1oth Floor Mtrum, FL 33156 TEL: 305-670-1222 FPC<: 305-670-7065 

### ONE COPY



## Judge J.E. Sullivan ··· U S Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590
. TEL: 202-366-2132 FPC(: 202-366-7536

. . :·, 1 Service wasby U.S. Mail. For service in person orb;e}{pddiiect courier, use the following address: Federal Aviation Administration, 600 Independence A-yenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: HearingDocketClerk, AGC-430.