U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

RECEIVED 

DEC I 6 2013 

HEARING DOCKET 

In the Matter of Aero Micronesia, FAA Docket No.: Unassigned 

FDMS No.: FAA-2012-0469 

Respondent. FAA Region: Western-Pacific 

Judge: Richard C. Goodwin 

COMPLAINANT'S MOTION OPPOSING RESPONDENT'S REQUEST FOR 

EXENTION OF TIME TO ANSWER COMPLAINANT'S MOTION FOR DECISION 

To: Honorable Richard C. Goodwin, Administrative Law Judge, and Respondent, Aero 

Micronesia: 

Complainant, Federal Aviation Administration (FAA), Westem-Pacif1c Region, by 

counsel, files this Motion pursuant to sections 13.218 of Title 14 of the Code of Federal 

Regulations. 

Complainant objects to any further extension oftime for Respondent to file an 

Answer in response to Complaint's Motion for Decision in this case. 

On September 13, 2013, Complainant served its Motion for Decision in the above 

referenced case. 

On September 27, 2013, Respondent, by email, requested an extension to tile an 

Answer to Complaint's Motion for Decision. Your Honor granted Respondent's request 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. 
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14 CFR 13.218(d) states that "Any party may file an answer ... not later than 10 days 

after service of a written motion on that party." 14 CFR 2ll(e) allows for an additional 5 

days to reply when the motion was served by mail. Thus, Respondent's Answer to 

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 have been Monday, September 30, 2013). Thus, by extending the due date for 

Respondent's Answer to 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 law judge not later than 7 days before the document is due 

unless good cause for the late filing is shown," and that "[t]he administrative law judge may 

grant the extension oftime if good cause for the extension is shown." Respondent has filed 

its request lor extension not just beyond 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 be re-scheduled for the Case with FDMS No: FAA-2012-0469 and did not 

realize that the hearlog might be permaoently cancelled if you (Judge Goodwin] were to rule 

on (Complainant's] September Motion for a Decision." Respondent states that "[a ]s a result 

and for other reasons, [Respondent] had some trouble getting [its] Rebuttal done by last 

Friday ... ". Even iftrue, this can hardly constitute good cause for either (1) Respondent's 

untimely request for an extension, made after the 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 extension to file its Answer to Complainant's Motion for 

Decision he denied. 

Respectfully submitted, 

NAOJ\11 TSUDP. .. 

Regional Counsel 

By: 

,.r~ 

Attorney 

Don 

vv~ Bobertz ~ 

Dated: December 10, 2013 

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CERTIFICATE OF SERVICE 

I hereby certify that on this 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-Suite 2W1000 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Dept of Transportation 

1200 New Jersey 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 -return receipt requested, a true copy of the above, addressed as 

follows: 

Aero Micronesia, Inc. d/b/a 

Asia Pacific Airlines, Inc. 

Attn: Michael Quinn, President 

156 Diablo Road, Suite 203 

Danville, CA 94526 

Dated: December 10, 2013 

Agnes~ a ~ 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California