SERVED: JANUARY 14, 2014 

U.S.DEP~~~~F~~~~RTATION ••. · ·' c;f~[\~, _ WASHINGTON, DC 

In The Matter Of: 

Docket No. FAA-2012-0477 

LIBERTY 

FOUNDATION, INC. 

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Case No. 2011 GL-03-0070 

Respondent 

ORDER RESERVING RULING ON MOTION TO CONTINUE 

AND DIRECTING THE PARTIES TO FILE SUPPLEMENTAL MATERIALS 

On November 26, 2013 an Order Denying Respondent's Motion to Strike, and 

Granting/Denying Other Relief was filed. 

On December 27, 2013 the Respondent filed Respondent's Motion to Continue 

Trial Date. 

On January 6, 2014 the FAA filed the FAA's Response in Opposition to 

Respondent's Motion to Continue Trial Date. 

That same day, on January 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 case law, 

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 of its Motion: 

a. A statement, with supporting facts and law, explaining why the Service 

Members Civil Relief Act of2003 is applicable in this matter. Specific 

citation to the portions of the SMCRA that the Respondent seeks to rely 

upon should be included. 
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b. A statement identifying when Mr. Fowler notified his commanding officer 

("CO") that he had a commitment to attend and testify at a federal court 

hearing scheduled during the first week of his duty activation, and whether 

Mr. Fowler has asked his CO to either postpone his activation date for one 

week, grant permission to Mr. Fowler to attend the hearing (either as a 

representative·or as a witness), or take other action that would allow Mr. 

Fowler to attend the hearing. 

c. A statement identifying the specialized skills that Mr. Fowler possesses, 

relevant to the issues in dispute in this case, that makes Mr. Fowler the 

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 in support of its 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 .. i ... 

F~lv!S No. FAA-2012-0477 

(Civil Penalty Action) 

SERVICE LIST-_:, BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Adm. . . I 

800 I d Imstratwn ~ ependence Avenue S W 

Washmgton, DC 20591 ' · · Attention· H · · ~anng Docket Clerk, AGC-4JO · 

Wilbur Wright Building-Suite 2WI 000 

Mr. Christopher Stevenson 

Complainant's Counsel 

Office of the 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 . 

TEL: 202-366-2132 

FPC(: 202-366-7536 

. . :·, 

1 Service was by 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: Hearing Docket Clerk, AGC-430.