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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF RE MICHELLE KRAEMER 

AUG 3 I 2015 

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Docket No. FAA-2015-2441 

(Civil Penalty Action) H DOCKET 

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11 MOTION FOR EXTENSION OF TIME TO ANSWER 

12 Respondent Michelle Kraemer, by the undersigned attorneys, pursuant to 14 C.F .R. § 

13 13.213(b) hereby files this Motion for Extension of Time to Answer to the FAA's Complaint. 

14 The FAA served its Complaint in this matter on July 13,2015. On July 12,2015, one 

15 day before the Complaint was served, Respondent's counsel went out of the country for two 

16 weeks, and returned to the office on July 27,2015. During his absence, Respondent's 

17 counsel had an "out of office" reply on his email that was in effect from July 12 ~ 26. On July 

18 13, Complainant's counsel sent Respondent's counsel a courtesy copy of the Complaint via 

19 email. (Attached hereto as Exhibit "A") 

20 As this Board is aware, the Respondent has thirty (30) days from service of the 

21 Complaint to file a written Answer or motion (14 C.P.R. § 13.209(a)) and that absent an 

22 agreement of the parties, any motion for extension of time must be filed seven (7) days before 

23 the document is due, absent good cause shown. (14 C.P.R.§ 13.213(a)(b))(emphasis added). 

24 Respondent has good cause. 

25 As stated above, Respondent's counsel was out of the country for two weeks when the 

26 Complaint was served and did not have actual notice of its service until July 27, 2015, 14 

27 days from service and 16 days from the day a responsive pleading would be due. On August 

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MOTION FOR EXTENSION OF TIME DOCKET NO.: FAA-20!5-244! 
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24, 2015, pursuant to 14 C.F.R. § 13.213(a), Respondent's counsel sent Complainant's 

counsel an email requesting an extension until August 26, 2015 (30 days from actual notice of 

the Complaint) to file her Answer. (Attached hereto as Exhibit "B") On August 25, 2015, 

Complainant's counsel denied Respondent's request via email (Attached hereto as Exhibit 

"C") and Respondent was forced to seek relief via motion. 

On August 10, 2015, the Judge issued his Procedural Order which, inter alia, set this 

matter for hearing on or after January 8, 2016 in San Diego, California. Given that the parties 

have no less than four months to conduct discovery and prepare for this hearing, the Agency 

certainly cannot suggest that it would be prejudiced by a short extension for Respondent to 

answer its Complaint. Moreover, Respondent was not even afforded the full benefit of the 30 

day period in which to file her Answer based on her counsel's absence. The interests of 

justice are better served by allowing Respondent to present her case to this tribunal than by 

rigid adherence to a deadline that was artificially shortened through no fault of hers. 

Accordingly, Respondent respectfully requests a brief extension of time in which to 

file her Answer to the FAA's Complaint. Respondent can have an Answer filed within five 

( 5) days of any Order granting this requested relief. 

Respectfully Submitted, 

I"/ fJJ'tian J. l?aw/eJt 

Brian J. Lawler, Esq. 

PILOT LAW, P.C. 

1551 9th Avenue 

San Diego, CA 92101 

Telephone: (619) 255-2398 

Facsimile: ( 619) 231-4984 

blawler@pilotlawcom.com 

Attorneys for Respondent 

MOTION FOR EXTENSION OF TIME DOCKET NO.: FAA-2015-2441 
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CERTIFICATE OF SERVICE 

I hereby certify that the enclosed Motion for Extension of Time has been sent via 

U.S. Mail and via facsimile to the following: 

Original and One Copy: 

Hearing Docket, Federal Aviation Administration 

800 Independence Ave. S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wright Building 

Suite 2Wl 000 

One Copy (via U.S. Mail and facsimile) 

Ms. Briana Martino, Esq. 

FAA Office of Regional Counsel 

2300 E. Devon Ave. 

(AGL-7, Room 479) 

Des Plaines, IL 60018 

Tel: 847-294-7313 

Fax: 847-294-7498 

Hon. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue SE (Ell-310) 

Washington, D.C. 20590 

Tel: 202-366-5121 (Staff assistant) 

Fax: 202-366-7536 

Dated: August 25, 2015 

MOTION FOR EXTENSION OF TIME 

blfiMan1.~ 

Brian J. Lawler 

DOCKET NO.: FAA-2015-2441 
EXHIBIT 11A" 
Brian Lawler 

From: 

Sent: 

To: 

Briana.Martino@faa.gov 

Monday, July 13, 2015 12:11 PM 

blawler@pilotlawcorp.com 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Attachments: Kraemer, Michelle 2015-WA91-0066 Complaint 7.13.15.pdf 

Mr. Lawler, 

Please see attached mailed out today. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications that are part of the 

agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside 

the agency or to the public. Please consult with the Office of Chief Counsel before disclosing any information contained 

in this email. 

From: Martino, Briana (FAA) 

Sent: Wednesday, July 08, 2015 2:47 PM 

To: 'Brian Lawler' 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Got it, thanks. We'll hear from DOT assigning the case and can go from there. I look forward to working with you, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications that are part of the 

agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside 

the agency or to the public. Please consult with the Office of Chief Counsel before disclosing any information contained 

in this email. 

From: Brian Lawler [mailto:blawler@pilotlawcoro.com] 

Sent: Wednesday, July 08, 2015 2:20 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91-0066 

1 
I should have been more clear, I sent both letters as set forth in the notice. Sorry .. let me know if you want a 

courtesy copy via as well. 

Brian J. Lawler 

Pilot Law, P.C. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawler@pilotlawcorp.com 

Sent from my Sprint phone. 

----- Reply message -----

From: Briana.Martino@faa.gov 

To: <blawler@pilotlawcorp.com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 12:15 PM 

Brian, 

Sorry I missed your call. Take a look at the instructions for appealing in the notice. Ms. Kraemer's request actually 

needs to go to the Hearing Docket Clerk with a copy to me. Here is the information: 

Thanks, 

Briana Martino 

Should you elect to request a formal hearing, you must file a typewritten or legibly handwritten 

request for hearing with the hearing docket clerk at: Hearing Docket, Federal Aviation 

Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: Hearing 

Docket Clerk, AGC-430, Wilber Wright Building- Suite 2W1000. You must also mail a copy of 

your request for hearing to the undersigned attorney at the address provided in the previous 

paragraph. 

Your request must be dated and signed, in accordance with Section 13.16 of the Federal 

Aviation Regulations (14 C.F.R.l3.16), a copy of which was sent to you with the Notice of 

Proposed Civil Penalty. 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications that are part of the 

agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside 

the agency or to the public. Please consult with the Office of Chief Counsel before disclosing any information contained 

in this email. 

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From: Brian Lawler [mailto:blawler@pilotlawcorp.com] 

Sent: Wednesday, July 08, 2015 2:08 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91-0066 

Ms. Martino, 

Thanks for the follow up note and Notice. I sent Ms. Kraemer's request for formal hearing to you yesterday 

but can email you a copy later if you like. 

I look forward to working with you on this case. 

Best, 

Brian J. Lawler 

Pilot Law, P .C. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawler@pilotlawcorp.com 

Sent from my Sprint phone. 

----- Reply message-----

From: Briana.Martino@faa.gov 

To: <blawler@pilotlawcorp.com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 11:46 AM 

Dear Mr. Lawler, 

I received your voicemail dated July 7, 2015 stating you will be representing Ms. Kraemer. I returned your call today, 

however, I believe you are out of the office through Friday. Please see attached Final Notice of Proposed Civil Penalty 

and feel free to contact me with any questions. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications that are part of the 

agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside 

the agency or to the public. Please consult with the Office of Chief Counsel before disclosing any information contained 

in this email. 

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EXHIBIT uB" 
Brian Lawler 

From: 

Sent: 

To: 

Subject: 

Briana/ 

Brian Lawler [blawler@pilotlawcorp.com] 

Monday, August 24, 2015 4:53 PM 

'Briana.Martino@faa.gov' 

Michelle Kraemer, 2015-WA-91-0066 

As I'm sure you recall, the Agency filed its Complaint on July 13, 2015. Per 14 C.F.R. § 13.209{a), our Answer is due within 

30 days of that filing. But as you may also recall, I was out of the country for two weeks (as indicated in my "out of 

office" reply) and did not receive the Complaint until July 27, 2015, my first day back in the office from my vacation. 

14 C.F.R. § 13.213(a) allows us to agree to "extend for a reasonable period the time for filing a document under this 

subpart." Accordingly, I am requesting until at least Wednesday, August 26, 2015 to file our Answer to the Complaint, 

which would be 30 days from the date I actually received the Complaint, or whatever date we agree to. Please let me 

know if you are amenable to this and I will draft the Order for the Administrative Judge and will send you a draft for your 

review first. 

I will, of course, be happy to reciprocate this courtesy should you need it at some point during this process. 

Best Regards, 

Brian 

Brian J. Lawler, Esq. 

Pilot Law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (dir) • 619.231.4984 (fax) 

blawler@pilotlawcorp.com 

www.pilotlawcorp.com • Facebook • Linked In • Twitter 

This e-mail message is confidential, intended only for the named recipient(s) and may contain information that is privileged 

attorney-client communications, attorney work product, or exempt from disclosure under applicable law. If you are not the 

intended redpient(s ), you are notified that the dissemination, distribution, or copying of this message is strictly prohibited. In 

addition, please immediately delete or destroy,all copies or versions you have of this message and notify the sender at (619) 255-

2398 in order that we may take steps to prevent any further inadvertent disclosures. Receipt by anyone other than the named 

recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Thank you. 

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EXHIBIT 11C'' 
Brian Lawler 

From: Briana.Martino@faa.gov 

Sent: 

To: 

Tuesday, August 25, 2015 6:25AM 

blawler@pilotlawcorp.com 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Hi Brian, 

Unfortunately, I am unable to agree to this extension. I'm sorry, but I don't feel I would be properly representing my 

client if I did. Please feel free to call and discuss. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications that are part of the 

agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside 

the agency or to the public. Please consult with the Office of Chief Counsel before disclosing any information contained 

in this email. 

From: Brian Lawler [mailto:blawler@pilotlawcoro.com] 

Sent: Monday, August 24, 2015 6:53 PM 

To: Martino, Briana (FAA) 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Briana, 

~---· -··········· 

As I'm sure you recall, the Agency filed its Complaint on July 13, 2015. Per 14 C.F.R. § 13.209(a), our Answer is due within 

30 days of that filing. But as you may also recall, I was out of the country for two weeks (as indicated in my "out of 

office" reply) and did not receive the Complaint until July 27, 2015, my first day back in the office from my vacation. 

14 C.F.R. § 13.213(a) allows us to agree to "extend for a reasonable period the time for filing a document under this 

subpart." Accordingly, I am requesting until at least Wednesday, August 26, 2015 to file our Answer to the Complaint, 

which would be 30 days from the date I actually received the Complaint, or whatever date we agree to. Please let me 

know if you are amenable to this and I will draft the Order for the Administrative Judge and will send you a draft for your 

review first. 

I will, of course, be happy to reciprocate this courtesy should you need it at some point during this process. 

Best Regards, 

Brian 

Brian J. Lawler, Esq. 

Pilot Law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (dir) • 619.231.4984 (fax) 

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blawler@pilotlawcorp.com 

www.pilotlawcorp.com • Face book • Linkedln • Twitter 

This e-mail message is confidential, intended only for the named recipient(s) and may contain information that is privileged 

attorney-client communications, attorney work product, or exempt from disclosure under applicable law. If you are not the 

intended recipient(s), you are notified that the dissemination, distribution, or copying of this message is strictly prohibited. In 

addition, please immediately delete or destroy all copies or versions you have of this message and notify the sender at (619) 255-

2398 in order that we may take steps to prevent any further inadvertent disclosures. Receipt by anyone other than the named 

recipient(s) is not a waiver of any attotney-client, work product, or other applicable privilege. Thank you. 

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