### SERVED:

## June 29, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
In The Matter Of: ) ) ) ) ) DocketNo. FAA-2014-0116 JOSEPH MARIDON, SR. Case No. 2012WP190142 Respondent 

### ORDERSETTING APRE-HEARING STATUS CONFERENCEAND ADEADLINE FORTHE PARTIES TOFILEACASE STATUS REPORT OnJune 15, 2015, the previously assigned Judge filed an Orderthat "modified" certain



# . discovery and litigation deadlines, and included a directive to "'be prepared to present this case at a hearing on orafterNovember 6, 2015." (June 15,2015 Order, 1

**~** 3.) On September4, 2015 the previously assigned Judge transferred to a different agency. From Septen1ber 4, 2015 through March 20, 2016 no action occurred on this case. OnMarch 21, 2016, an OrderReassigning Proceedingwas filed, which reassigned the caseto the undersigned. A. Pending Motions Filed with the Court Although the June 15, 2015 Order was entitled ''Orderon Agency Motion for Partial Decision, it did notrule onthat motion orotherpending motions. Based on a review ofthe Court's file, it appearsthatthe following motions and responses filed with the Court ren1ain pending for consideration: 1. October22, 2014 Complainant's Motion for Partial Decision (Summary Judgtnent) (""Motion"); 2. October 30, 2014 Respondent's Opposition to Complainant.'s Motion for Partial Decision (Summary Judgment) ("Opposition");3. ·November 11, 2014 Complainant'sMotion to Strike Portions ofRespondenCs Opposition to Motion for a Decision and Motionto Permit Reply Thereto and to Supplement the Record ("Motion to Strike and Motion To PermitReply"); 4. January 7, 2015 Respondent's Second Motion to Dismiss for Violation ofRespondent's Rights Under the United States Constitution (Erratta [sic]- with Exhibits)

**('~Second** Motion"). 

### B. Documents Missingfrom FDMS The FAA's official litigation record, the Federal Docket Management System (""FDMS") appears incomplete inthis proceeding. Ofthe four documents listed above, onlythe October 22, 2014 Motion appears to have been filed in the FDMS. The above-listed Opposition, Motion to Strike, and Second Motion are all missing from the FDMS. 

### C. Need to 

### Assess Status of

### Case The parties need to ensurethatthe FDMS record is complete with any materials they have already filed with the Court. In addition, this Court needs to know ifit has all ofthe documents the parties seekthe Courtto review. Itwould be helpful and cost-effectiveto assess the current status ofthe case to determine whetherthe Court is working fron1 a completerecord, to confirmwhich motions the parties believe are still pending, what response deadlines on the motions are still needed, and to identify the general status ofthe case. This case assessment would also include (but is not 

### Iin1ited to) whetherthere are pending discovery requests, the parties' preferred calendaravailability for hearing, and any other matters that should be addressed before a hearing is scheduled. Ideally, the parties should confer privately, prior to convening for a Pre-Hearing Status Conference, to determine what discovery and motions might be needed (ifany), as well as any other issue(s) which need to be addressed. Basedonthis informal discussion, a short, informal. written report should be filed with the Court prior to the parties appearing for a Pre-Hearing Status Conference. Alternatively, the parties may choose to file unilateral reports.

Page 2 of 4

### D. Future Filingwith the Court The parties are notified that there is no further e-mail filing available in this case. The parties are also notified that the deadline date set for filing any document with the Court is the date by whichthe documentmust be date-stamped received at the Office ofHearings. Parties are encouraged to fax orexpress deliver a Judge's working copy oftheir materials to the Office of Hearings on orbefore the filing deadline date to ensure compliance with all future Court-ordered deadlines. 

### Conclusion Havingreviewed the case

**file~** all pleadings and motions, all relevant caselaw, statutes, regulations,

**rules~** and authority, and being fully advised; 

### IT IS HEREBY ORDERED: 

### 1. July 29, 

### 2016 Status Conference: On or before July 29, 2016, the parties shall confer privately to discuss and assess the status ofthe case, and determine what (ifany) motions, discovery disputes, and/or other issues need to be addressed. Both parties have the responsibility to contact each otherto engage in this informal discussion. 2. 

### August 12, 2016 Status Report: On or before August 12, 2016, the parties shall file with the Courta short, informal, written report regarding this informal discussion,or alternatively, eachparty shall file a unilateral report. 3. The deadlines provided in this order, as well as any otherdeadline date this Court may set in the future, is the date that the documents are date-stamped received at the Office of Hearings. Parties are encouraged to fax or express deliver a Judge's working copy of their materialsto the Office ofHearings to ensure compliance with court-ordered deadlines. 4. There is no further e-n1ail filing with the Court available in this case.

Page 3 of4

### 5. ·August31, 2016 Pre-Hearing Status Conference: 

### On Wednesday, August 31, 2016, at 1:30 p.m. Eastern time, 

### the parties shall convene by telephone for a Pre-Hearing Status Conference to discuss the status ofthe case. The parties shall access the Conference by dialing 888-278-0296, and when prompted, entering access code 5851842. 6. Ifa party has an unavoidable·conflict with the date/time ofthe scheduled Pre-Hearing Status Conference set in paragraph4 

### supra, and wishes to modify the date/time, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, 

### and then contact Mrs. Rachael Brown, Judicial StaffAssistant, at the Office of Hearings (202-366-2132) as soon as possible after the receipt ofthis Order, with at least three 

### (3) mutually-agreed, proposed alternate dates/times 

### for the Judge's consideration.
7. For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941).

Attachments: Service List

Page 4 of4DocketNo. FAA-2014-0116 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite2Wl000 1

Mr. David F. Shayne Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel 1601 Lind Ave. SW Renton, WA 98057 TEL: 425-227-2165 FAX: 425-227-1007 Mr. Joseph R. Maridon, Jr. Respondent's Co-Counsel Attorney at Law 6130 Elton Ave Las Vegas, NV 89107 Judge J.E. Sullivan U.S. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 

### ONE COPY Joseph Maridon, Sr Respondent 9212 E. Frederick Ave Spokane, W A 99206-4303

Mr. Walter L. Ayers Respondent's Co-Counsel Attorney at Law 13435 North Whitehouse Court Spokane, WA 99208

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W 1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.