U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

# RECEIVED DEC 

# I62013 

# HEARING DOCKET

In the Matter ofAero Micronesia, FAA Docket No.: Unassigned FDMS No.: FAA-2012-0469 Respondent. FAARegion: Western-Pacific Judge: Richard C. Goodwin
COMPLAINANT'S MOTION OPPOSING RESPONDENT'S REQUEST FOR EXENTION OF TIME TOANSWER COMPLAINANT'S MOTION FORDECISION To: Honorable Richard C. Goodwin, Administrative LawJudge, and Respondent, Aero 

### Micronesia: Complainant, Federal AviationAdministration (FAA), Westem-Pacif1c Region, by counsel, files this Motionpursuantto sections 13.218 ofTitle 14 ofthe Code ofFederal Regulations. Complainant objectsto any further extension oftimefor Respondentto file an Answer in response to Complaint's Motion for Decision in this case. On September 13, 2013, Complainant served itsMotion for Decision in the above referenced case. On September27, 2013, Respondent, by email, requested an extension to tile an Answer to Complaint's Motion for Decision. Your Honor granted Respondent'srequest on the same day, by email, extending the date for Respondent's Answer to December 2, 2013. On October 24, 2013, by email, Your Honor fUrther extended the date for Respondent's Answer to December 6, 2013.2 14 CFR 13.218(d) states that "Any party may file an answer ... not later than 10 days after service ofa writtenmotion onthatparty." 14 CFR 2ll(e) allows for anadditional 5 days to reply whenthe motion was served by mail. Thus, Respondent's Answerto Complainant's Motion would have nonnally been due on September 30, 2013 (15 days after September 13, 2013, would have been Saturday, September 28, so the next business day would havebeen Monday, September 30, 2013). Thus, by extendingthe due date for Respondent's Answerto December 6, 2013, Respondent was given over a 2 month extension to file its Answer. 14 CFR 13.213(b) states that "A party shall file a written motion for an extension of time with the administrative lawjudgenot later than 

### 7 days beforethe document is due unless good cause for the late filing is shown," and that "[t]he administrative lawjudgemay grant the extension oftime ifgood cause for the extensionis shown." Respondent has filed its request lor extension notjustbeyond the "7 days before the document is due," but after the document due date. Respondent's email request for an extension also fails to comply with the rules for filing such a motion, which is by personal delivery or mail, in accordance with 14 CFR 13.2.10. Respondent simply offers that it was "under the apparently mistaken impression that
a hearing would bere-scheduled for the Case with FDMS No: FAA-2012-0469 and did not realize that the hearlog might bepermaoently cancelled ifyou (Judge Goodwin] were to rule
on (Complainant's] September Motion for a Decision." Respondent statesthat "[a ]s a result and for otherreasons, [Respondent] had some trouble getting [its] Rebuttal done by last Friday
...". Even iftrue, this canhardly constitute good cause for either (1) Respondent's untimely request for an extension, made 

### afterthe due date for filing its Answer; or (2)Respondent's requests for the extension itself, after Respondent was already given a two month extension to file its Answer. 

### Thus, Complainant respectfully requests that Respondent's request for an extensionto file its Answer to Complainant's Motion for Decision he denied.

Respectfully submitted, NAOJ\11 TSUDP. .. Regional Counsel

By:

# ,.r~

# vv~ Don Bobertz

# ~ Attorney Dated: December 10, 2013 3

### 4 

### CERTIFICATE OF SERVICE I hereby certify that onthis date I have placed in the United States mail, postage prepaid, the COMPLAINANT'S MOTION OPPOSSING RESPONDENT'S REQUEST FOR EXENTION OF TIME TO ANSWER COMPLAINANT'S MOTION FOR DECISION, addressed as follows:

And a copy to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000

The Honorable Richard C. Goodwin, Administrative Law Judge Office ofHearings, M-20 U.S. Dept ofTransportation 1200NewJersey Avenue, SE (Ell-310) Washington, D.C. 20590 Also by facsimile to 202-366-7536 I further certify that on this date I have placed in the United States mail, postage prepaid, certified mail -returnreceipt requested, atrue copy ofthe above, addressed as follows: Aero Micronesia, Inc. d/b/a AsiaPacific Airlines, Inc. Attn: Michael Quinn, President 156 Diablo Road, Suite 203 Danville, CA 94526

Dated: December 10, 2013 

# a**~**

# Agnes~ Legal Technician Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Hawthorne, California