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## 4 U.S. 

## DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.



## IN THE MATTER OF 

# RE MICHELLE KRAEMER 

# AUG 3I 2015 

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## DocketNo. FAA-2015-2441 (Civil PenaltyAction) 

# H DOCKET

10 11 MOTION FOREXTENSION OF TIME TO ANSWER 

## 12 RespondentMichelle Kraemer, bythe undersigned attorneys, pursuant to 14 C.F.R. § 13 13.213(b) hereby files this Motion for Extension ofTime to Answerto the FAA's Complaint. 14 The FAA served its Complaintinthis matter onJuly 13,2015. On July 12,2015, one 15 day before the Complaintwas served, Respondent's counsel went out ofthe country for two 16 weeks, and returned to the office on July 27,2015. During his absence, Respondent's 17 counsel had an "out ofoffice" reply on his email that was in effect from July 12**~** 

## 26. On July 18 13, Complainant's counsel sentRespondent's counsel a courtesy copy ofthe Complaint via 19 email. (Attached hereto as Exhibit "A") 20 As this Boardis aware, the Respondent has thirty 

## (30) days from service ofthe 21 Complaint to file awritten Answer or motion (14 C.P.R. § 13.209(a)) andthat absent an 22 agreement ofthe parties, anymotion for extension oftime must be filed seven (7) days before 23 the document is due, absentgood cause shown. 

## (14 C.P.R.§ 13.213(a)(b))(emphasis added). 24 Respondenthas good cause. 25 As stated above, Respondent's counsel was out ofthe country for two weeks when the 26 Complaint was served and did not have actual notice ofits service until July 27, 2015, 14 27 days from service and 16 days from the day aresponsive pleading would be due. OnAugust 28
MOTION FOREXTENSION OF TIME DOCKETNO.: FAA-20!5-244!

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## 22 23 24 25 26 27 28 24, 2015, pursuantto 14 C.F.R. § 13.213(a), Respondent's counsel sent Complainant's counsel an emailrequesting an extensionuntil August 26, 2015 (30 days from actual notice of the Complaint) to file herAnswer. (Attachedhereto as Exhibit "B") OnAugust 25, 2015, Complainant's counsel denied Respondent's requestvia email (Attachedhereto as Exhibit "C") and Respondent was forced to seekreliefvia motion. OnAugust 10, 2015, the Judge issuedhis Procedural Orderwhich, inter alia, setthis matter for hearing on or after January 8, 2016 in SanDiego, California. Giventhatthe parties have no less thanfour months to conduct discovery andprepare for this hearing, the Agency certainlycannot suggestthat it wouldbeprejudicedbya short extension for Respondentto
answer its Complaint. Moreover, Respondent was noteven affordedthe full benefit ofthe 30 dayperiodinwhich to file herAnswerbased onher counsel's absence. The interests of justice are better servedbyallowing Respondent to presenther case to this tribunal thanby rigid adherence to a deadline that was artificially shortenedthrough no fault ofhers. Accordingly, Respondent respectfullyrequests abriefextension oftime inwhich to file herAnswer to the FAA's Complaint. Respondent canhave anAnswer filed withinfive (5) days ofany Order granting this requestedrelief. Respectfully Submitted, 

# I"/ fJJ'tian

# J. l?aw/eJt BrianJ. Lawler, Esq. 

## PILOT LAW, P.C. 1551 9th Avenue SanDiego, CA 92101 Telephone: (619) 255-2398 Facsimile: (619) 231-4984 blawler@pilotlawcom.com Attorneys forRespondent

MOTION FOREXTENSION OF TIME DOCKETNO.: FAA-2015-2441

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## 23 24 25 26 27 28 CERTIFICATE OF SERVICE 

## I hereby certifythat the enclosed Motion for Extension ofTime

## has been sent via U.S. Mail andvia facsimile to the following: Original and One Copy: 

## Hearing Docket, Federal AviationAdministration 800 Independence Ave. S.W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430 WilberWright Building Suite 2Wl000 One Copy (via U.S. Mail and facsimile) 

## Ms. BrianaMartino, Esq. FAA Office ofRegional Counsel 2300 E. DevonAve. (AGL-7, Room 479) Des Plaines, 

## IL 60018 Tel: 847-294-7313 Fax: 847-294-7498 Hon. Richard C. Goodwin Office ofHearings, M-20 U.S. Department ofTransportation 1200 New JerseyAvenue SE (Ell-310) Washington, D.C. 20590 Tel: 202-366-5121 (Staffassistant) Fax: 202-366-7536 Dated: August 25, 2015

MOTION FOREXTENSION OF TIME**blfiMan1.~** 

## BrianJ. 

## Lawler

DOCKET NO.: FAA-2015-2441

# EXHIBIT 11

# A"

### 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 outtoday. 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 ofthe agency deliberative process, or attorney-work product, all ofwhich 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 ofthe agency deliberative process, or attorney-work product, all ofwhich are privileged and not subject to disclosure outside the agency orto the public. Please consult with the Office ofChief 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

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### I should have been more clear, I sent both letters as set forth in the notice. Sorry

..let me know ifyou 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 hearingto the undersigned attorney at the address provided in the previous paragraph.
Your request must be dated and signed, in accordance with Section 13.16 ofthe Federal Aviation Regulations (14 C.F.R.l3.16), a copy ofwhich 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 ofthe agency deliberative process, or attorney-work product, all ofwhich are privileged and not subject to disclosure outside the agency or to the public. Please consult with the Office ofChief Counsel before disclosing any information contained in this email.

2From: 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 forformal hearingto you yesterday but can email you a copy later ifyou like. I lookforward 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 11:46AM Dear Mr. Lawler, I received yourvoicemail dated July 7, 2015 stating you will be representing Ms. Kraemer. I returned your call today, however, I believe you are out ofthe 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 ofthe agency deliberative process, or attorney-work product, all ofwhich are privileged and not subject to disclosure outside the agency or to the public. Please consult with the Office ofChief 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 ofthat filing. But as you may also recall, I was out ofthe 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 myvacation. 14 C.F.R. § 13.213(a) allows us to agree to "extend for a reasonable period the time forfiling 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, orwhatever date we agree to. Please let me know ifyou are amenable to this and I will draftthe Orderforthe Administrative Judge and will send you a draftfor your review first.
I will, ofcourse, 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-mailmessage is confidential, intended only for the named recipient(s) and may contain information thatis privileged attorney-client communications, attorney workproduct, or exempt from disclosure under applicable law. Ifyou are not the intended redpient(s), you are notified thatthe dissemination, distribution, or copying ofthis message is strictlyprohibited. In addition, please immediately delete or destroy,all copies orversions you have ofthis message andnotifythe sender at (619) 255- 2398 in orderthatwe may take steps to prevent anyfurther inadvertentdisclosures. Receiptby anyone other than the named recipient(s) is not a waiver of any attorney-client, workproduct, or other applicable privilege. Thankyou.

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# EXHIBIT 11

# C''

### 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'tfeel 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 ofthe 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), ourAnswer is due within 30 days ofthat filing. But as you may also recall, I was out ofthe 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 myvacation. 14 C.F.R. § 13.213(a) allows us to agree to "extend for a reasonable period the time for filing a document underthis 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 ifyou are amenable to this and I will draft the Order forthe Administrative Judge and will send you a draftforyour 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)1blawler@pilotlawcorp.com www.pilotlawcorp.com • Facebook • Linkedln • Twitter
This e-mail message is confidential, intended onlyfor the named recipient(s) and may containinformation that is privileged attorney-client communications, attorney workproduct, or exemptfrom disclosure under applicable law. Ifyou are not the intended recipient(s),you are notified thatthe dissemination, distribution, or copying ofthis message is strictly prohibited. In addition, please immediately delete or destroy all copies orversions you have ofthis message and notify the sender at (619) 255- 2398 in order thatwe may take steps to prevent anyfurther inadvertent disclosures. Receiptby anyone otherthan the named recipient(s) is not a waiver of any attotney-client,workproduct,or other applicable privilege.Thankyou.

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