SERVED: JANUARY 29, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. DOT-OST-2014-0229 

DELTA AIR LINES, INC. 

(Enforcement Proceeding) 

Respondent 

ORDER GRANTING RESPONDENT'S MOTION FOR LEAVE 

TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS 

On December 23, 2014, the Office of Aviation Enforcement and Proceedings 

("Enforcement Office") filed a Notice of Enforcement Proceeding and Proposed Assessment of 

Civil Penalties; and an Enforcement Complaint. 

On January 7, 2015, the Respondent Delta Air Lines, Inc. ("Respondent") filed the 

following documents: 1) Answer of Delta Air Lines; 2) Respondent Delta Air Lines' Motion to 

Dismiss Enforcement Complaint ("Motion to Dismiss"); and 3) Memorandum in Support of 

Delta Air Lines' Motion to Dismiss Enforcement Complaint. 

On January 16, 2015, the Enforcement Office filed its Response [ ] to Delta Air Lines' 

Motion to Dismiss Enforcement Complaint and a Memorandum in Support thereof. 

On January 26, 2015, the Respondent filed Respondent Delta Air Lines' Motion for 

Leave to File Reply in Support of Motion to Dismiss ("Motion for Leave"), and Respondent 

Delta Air Lines' Reply in Support of Motion to Dismiss ("Reply"). 

.. ~ 
Order Granting Respondent's Motion For Leave To File Reply 

Page 2 of2 

Brief Discussion 

Pursuant to 14 C.F.R. § 302.6(b), "a reply to an answer ... or any further responsive 

document is not authorized." However, a reply may be filed "if leave has been obtained from the 

... the administrative law judge, on written motion and for good cause shown." 14 C.F.R. § 

302.6(c). 

The Respondent's Motion for Leave points to the potentially dispositive nature of the 

Motion to Dismiss, the importance of the Motion to Dismiss to the future course of the case, and 

the need to comprehensively address the "several important questions of law regarding the 

interpretation of 49 U.S.C. § 41712(c) and 14 C.F.R. § 257.5(b)" as good cause to grant leave to 

file its Reply. (Mot. Leave, 1.) 

Pursuant to 14 C.F.R. §§ 302.6, 302.11, and 302.17(a)(vii), and after reviewing all 

pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory 

authority, and being fully advised: 

IT IS HEREBY ORDERED: 

1. For good cause shown, the Respondent Delta Air Lines' Motion for Leave to File Reply 

in Support of Motion to Dismiss is granted. 

2. The Respondent Delta Air Lines' Reply in Support of Motion to Dismiss is accepted for 

filing. 

Attachment: Service List 

Page 2 of 2 
Docket No. OST-2014-0229 

SERVICE LIST 

ORIGINAL & ONE COPY 

U.S. Department of Transportation 

Dockets Operations, M-30 

West Building, Ground Floor 

Room W12-10 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

ONE COPY 

Mr. Blaine A. Workie 

Assistant General Counsel for 

Aviation Enforcement and Proceedings, C-70 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (W96-431) 

Washington, DC 20590 

TEL: 202-366-9350 

Mr. J. Scott McClain 

Mr. Jon-Peter F. Kelley 

Delta Air Lines, Inc. 

Department 981 

1030 Delta Boulevard 

Atlanta, GA 30354-1989 

TEL: 404-773-6514 

scott.mcclain@delta.com 

j onpeter. f. kell y@delta.com 

Judge J.E. Sullivan 

US. Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Mr. Robert Gorman 

Senior Trial Attorney 

Office of Aviation Enforcement and 

Proceedings, C-70 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (W96-413) 

Washington, DC 20590 

TEL: 202-366-9350 

robert.gorman@dot.gov 

Mr. Paul D. Clement 

Mr. Jeffrey M. Harris 

Bancroft PLLC 

1919 M Street, NW Ste. 470 

Washington, DC 20036 

TEL: 202-234-0090 

pclement@bancroftpllc.com 

jharris@bancroftpllc.com