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r^ecEfvec 

Before the U.S. Department of Transportation 

Federal Aviation Administration AR 4 ^ c^lt 

^ HEARING DOCKET 

Tn the maner of ) 

) Docket No. CPlOSOOOll 

M & R IIELICOPTtiR ) FAA Case No. 2009SO950434 -,; 

) Chief Judge Ronnie A. Yoder ^-

...0 

CD " O 

COMPLAINANT'S RESPONSE TO PETITION FOR EMERGENCY "D 

Complainant files this response to Respondent's Peiiiionfor Emergency 

Injunction and Declaratory Relief and Case Dismissal. As a Preliminary Matter, 

14 C-F.R. § 13.205 does not provide Adminisirative Law Judges with the authority to 

grant injunctive relief or punitive damages. Wilh regard to the other relief Respondent 

seeks in his petition, he has failed to state any basis that would warrant granting that 

relief 

Respondent claims that "Complainants have failed to respond to the Motion for 

Special Relief and Sanctions against Complainants - Prosecutorial Indiscretion filed on 

2-26-2011." Respondent then argues "by ignoring and failing co respond, complainants 

have agreed to admissions of truth to those statements in those documents to be held as 

correct findings of fact." In reality. Respondent's pleading was served on February 28, 

2011, as IS evidenced by the certificate of service on that document. Complainant served 

a timely response to that pleading on March 10,2011. 

He also complains that "Complainants have refused to respond to the Petition for 

Disclosure of Ms [sic] attorney ID number and all other inquiries to this subject matter." 

Respondent, however, filed this Petition before the ten day period to respond to the 

INJUNCTION AND DECLARATIVE RELIEF AND CASK DISMISSAL -- HoC ^ 

O J 
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Petition for Disclosure of Ms [sic] attorney ID number had closed. That petition was 

filed on March 2, 2011, and Complainant filed a timely response on Monday, March 14, 

2011. 

1 he eriuc of Respondent's argument is that this matter should go away and 

Complainant should be sanctioned because Complainant should be sanctioned because 

Complainant has not responded sufficiently and timely to all of his pleadings. While the 

record does not support Respondent's contention, as evidenced by the copious number of 

responsive pleadings Complainant has filed in this matter, that is not what should be 

dispositive of this petition. Respondent has stated no legitimate basis to support the 

cornucopia of extraordinary relief that he seeks. Accordingly, Complainant stands by its 

Notice of Continuing Objection. 

This motion, as with many others filed by Respondent, contains inaccuracies and 

false .statements about FAA employees. Those statements have been addressed elsewhere 

and will not be addressed again here, except to reiterate that Complainant rejects the 

allegations made by Respondent. 

WI-IEREFORH, Complainant respectfully requests that the Chief Administrative 

Law Judge deny Respondent's Fetiiionfor Emergency Injunction and Declaratory Relief 

and Case Dismissal. 
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Dated: March 21, 2011 

Respectfiilly submitted, 

4^^^^^ 

Ponto 

iforccmeni Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Washington, DC 20591 

Phone: (202)267-3137 

Facsimile: (202)267-5160 
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Certificate of Service 

1 hereby certify that on this date I have placed in the U.S. mail, postage prepaid, 

certified return-receipt, a copy of CompIainant''s Response to Petition for Fmergcncy 

Injunction and Declaratory Relief and Case Dismissal In (he Matter ofM <&. R 

Helicopters, Docket No. CPlOSOOOl 10, FAA Case no. 2009SO950434, addressed lo; 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Wcstgaie Dr.. Suite 205 

Bethlehem, PA 18017 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt and facsimile one copy of the foregoing document to: 

The Honorable Ronnie A. Yoder 

Chief Admini.strative Law judge 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, 1 hereby certify that on this date T have sent by the U.S. mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Dated: March 21, 2011