UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON DC 

Jet Center Partners, LLC 

Complainant, 

v. 

County of Montrose, Colorado 

Respondent. 

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ORDER 

FAA Docket No. 16-15-11 

On August 26, FAA docketed the Complaint filed on behalf of Jet Center Partners, LLC 

(Complainant) against the County of Montrose, Colorado (Respondent) under the Rules of 

Practice for Federally Assisted Airport Enforcement Proceedings, Title 14 of the Code of 

Federal Regulations part 16 ( 14 CFR. Part 16) in the above-captioned Docket. 

On Sept~~mber 17, FAA docketed Respondent's Motion for Summary Judgment. 

On September 28, FAA docketed a Motion to Extend Deadline to Reply from Complainant 

requesting until October 16 to submit its Reply. The Complainant states that it needs 

additional time to evaluate the new information submitted by the Respondent in its Motion 

for Summary Judgment in order to determine how it affects the pendency of the Part 16 

Complaint. 

On September 30, FAA docketed Respondent's Response in Partial Opposition to 

Complainant's Motion to Extend Deadline to Reply. The Respondent does not oppose a 

shorter e·xtension of 10 days, but contends a 20-day extension is excessive under the 

circums1ances. The Respondent claims that the "new information" submitted in the 

Motion for Summary Judgment is neither voluminous, nor complex and that the 

Complainant did not justify its Motion other than to seek more time to evaluate the new 

informal ion. The Respondent contends that by allowing an additional 20 days for 

respons(: will simply delay resolution of its Motion for Summary Judgment. 

Part 16 is intended to expedite substantially the handling and disposition of airport-related 

complaints. [See, Rules of Practice for Federally-Assisted Airport Enforcement 

Proceedings, Final Rule, 61 Fed. Reg. 53998 (October 16, 1996).] The rule provides that 

an extension of time may be granted where necessary or appropriate for a fair and complete 

consideration of matters before the agency. See 14 CFR § 16.11(a). 
Part 16 provides that a party filing a motion "should attempt to obtain the concurrence of 

the opposing party." See 14 CFR § 16.19(e). The Complainant's Motion does not 

explain whether it attempted to obtain Respondent's concurrence for an additional20 day 

time period for filing its Reply to Respondent's Motion for Summary Judgment. 

Since it is not clear, the Director urges the parties in the future to communicate to attempt 

to obtain the concurrence of the other side when seeking extensions of time. The Director 

has weighed all the elements at issue, including the fact that 14 CFR Part 16 is an 

expedited procedure and the respective positions of the parties, to arrive at the decision in 

this Order. The Director finds that a short extension of time is reasonable under the 

circumstances. 

Accordingly, the Complainant is hereby granted an extension of time until October 9, in 

which to file its Reply to the Motion for Summary Judgment. Within 30 days of the date 

the Reply to the Motion is due, the Director may issue an Order disposing of the Motion 

for Summary Judgment. 

()f.. 1.1 2tJ() 

Randall S. Fiertz Date I 

Director, Office of Airport 

Compliance and Management Analysis 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on October 1, 2015, I caused to be placed in the United States mail 

(first class, postage paid) or personally delivered a true copy of the foregoing Order addressed 

to: 

Counsel for Complainant 

Leonard D. Kirsch 

Shelley A Ewalt 

McBreen & Kopko 

500 North Broadway, Suite 129 

Jericho, NY 11753 

Counsel for Respondent 

Bobbee J. Musgrave 

Stephen D. Rynerson 

Bryan Cave LLP 

1700 Lincoln Street, Suite 41 00 

Denver, CO 80203-4541 

Carolyn Clawson 

County Attorney 

County of Montrose, Colorado 

161 S. Townsend Avenue 

Montrose, Colorado 81401 

Hand-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

FAA Office of Airport Compliance and Management Analysis (A CO-l 00) 

~J;tu__- Claudia Roberts 

Office of Airport Compliance and 

Management Analysis