aSilffiS' ^ U.S. Department of Transportation RECEIVE D 

:.i.it DEC- 1 P i^3 5 

Office of Hsaringa iw o Q M i 

Washington, D.C. ' ' *'' " 

In the Matter of: 

CLOUD DANCER AVTATTON 

Respondeat. 

FAA DOCKET NO. CPlOSOOOOl 

(Civil Penalty Proceeding) 

DMSNO. FAA-2010-0192 

HEARING DOCKET 

MOTiON TO STRIKE AND/OR DISMISS 

Respondent, CLOUD DANCER AVIATION, through counsel, moves this Court for an 

Order to Strike Complainant pleadings and/or dismiss the case, and as reasons state: 

1. On August 25, 2010, undersigned counsel filed their Motion to Compel 

Deposition. 

2. "Rterc has been some discussion with Complainant's counsel, and the undersigned 

counsel has made every effort to cooperate with Complainant's schedule and 

deponents' schedules, however no response was produced or arrangements made. 

3. Complainant's attorney had not filed a Motion for Protective Order, 

4. On September 7 . 2011. the paiires appeared telephonically before this Court and 

argued the Respondent's Motion to Compel. This Court entered an Order and 

reflected our Motion to Compel Discover>" was respectfully reserved. 

5. As of the date of this filing, opposing counsel has not proffered all the parties for 

deposition, exceeding the cut-off date established by prior Order (see attached). 

6. Respondent cannot go to trial without ueposiiiuo orilicsc piiriics. 

WHEREFORE, Plaintiff moves the Administrative Law Judge for an Order Dismissing 

thjs^clioji 
Certificate of Service 

I HEREBY CERTIFY that the foregoing was submitted via mail on this day of 

November 2011 to: 

Andrea Michelle Harper, Esq., Office of Regional Counsel, ASO-7, Southern Region, P.O. Box 

20636, Atlanta, GA 30320, FAX: 404-305-5223 

The Honor^le Jeslyn E. Sullivan, Chief Administrative Law Judge, US Dept. of Transportation, 

Office of Hearings, M-20, Room El2-320, 1200 New Jersey Avenue, SE, East Bldg. GroJind 

Floor,, Washington, DC 20590, FAX: 202-366-7536, 

Hearing Docket Qert, FAA, AGC-430, Suite 2W1000, Wilbur Wright Bldg., 800 Independence 

Avetme, SW, Washington, DC 205^1. 

Respectfiilly submitted, 

Dennis R. Haber. PA 

8925 SW 148 Street, Suite 200 

Mjami,Fl 33176 

Phone: 305-25^3002 

Fax: 305-256-3 

Dennis R. Habei;.\Esq. 

FBN: 660817 
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SERVED SEPTEMBER 7, 2011 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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In the Matter of 

CLOUD DANCER AVIATION 

AND FLYING CLUB, INC. 

Respondent 

Docket No. FAA-CPlOSOOOOl 

(FAA Civil Penalty Proceedmg) 

DMSNo. FAA-2010-0192 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

On Thursday, September 1, 2011 the parties appeared by telephone for a 

Litigation Scheduling Conference, and discussed their calendar availability and other 

litigation procedinal issues. 

A. The litigation dates and hearing dates are hereby set as follows: 

1. November 18, 2011: Discovery cui-off date. The last date for the parties to 

exchange any and all requested discovery, including the name(5) and 

address(es) of ail expen wimesses. 

2. December 14, 2011: Summar,' Judgment Motion due date (if any). 

a) January 4, 2012; Answer due date: 

b) January 12, 2012: Reply due date. 

3. Januar>'13, 2012: Evidentiary Exchange due date. The last date for each 

party to serve and file the following: 

a) -A list of the witnesses the party intends to call: 

b) -A short statement of the testimony expected from each such witness; 

c) The documents the party intends to offer in evidence (pre-marked as noted 

below); and 

d) The resume of each witness who will be offered as an expert. 

4. January 31, 2012-February 1, 2012: Hearing dates. The Hearing will begin 

on January 31, 2012 (9:00am-4:30 pm) in the Orlando, Florida 

metropolitan area. The location of the Hearing will be provided to the parties 

prior to the Hearing. The Hearing will finish on February 1, 2012 (9:00ara4:30pm). 
1 B. Requests for modification of the litigation dates set forth in paragraph A 

7 may be made by written Motion. Before fiUng such a Moiion, however, the party seeking 

3 the modification shall contact the opposing party and seek to arrive at mutually 

4 convenient alternative date(s). A report on the result of this discussion shall be included 

5 in the Motion. 

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7 C. Any Motion to Compel Discovery may be made if a request for discovery 

8 is not complied with within 15 days after it is received. The parties are strongly 

9 encouraged to file discovery requests as promptly as possible, so that any motions for 

10 relief may be timely addressed. Belated service of burdensome discovery requests may 

11 be grounds for denial of a motion to compel compliance with such requests. 

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13 D. Discovery requests or documents complying with discovery requests need 

14 not be filed in this case with the Office of Hearings, except as part of a Motion to Compel 

15 Discovery. -

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17 E. Each party must bring to the hearing at least three copies of any 

18 documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

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23 F. At the hearing, there will be the opportunity for direct examination, cross24 examination, redirect examination and re-cross-examination of each vviiness. Only one 

25 represeniarive of a part}- may cross-examine a wimess on behalf of that pany-. Pursuant lo 

26 49 C.F.R. §386.56, the Federal Rules of Evidence will be foiJowed. 

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2S G. For clarifications of this order or questions wiih regard to the procedures 

29 10 be followed in ihJs proceeding, please contact the Office of Hearings and ask for 

^•0 Ancmey Priya Krishna at (202) 366-6941 or Administrative .Assistant C. Diane Mays at 

31 (202)366-2124. 

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documents it mtends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). TTie exhibits should be pre-marked. Complainant's exhibits should be 

marked "C-1 /' "C-2;* "C-3/' etc. Respondent's exhibits should be marked "R-l,'' R-2,'' 

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39 Attachment: Service List 

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FDMS No, FAA-2010-0192 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Dennis R. Haber, Respondent's Counsel 

Dennis R. Haber, P.A. 

8925 S.W. 148 Street, Suite 200 

Miami, FL 33176 

TEL: 305-256-3002 

FAX: 305-256-3004 

.Andrea Michelle Harper, Complainant's Counsel 

Office of the Regional CounseK ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

F.AX: 404-305-5223 

Pne Honorable J. E. Sullivan, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 N"ev.- Jersey .Avenue, S.E. 

Washinston, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Suite 

2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC^30. 
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SERVED SEPTEMBER 7, 2011 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASfflNGTON, DC 

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In the Matter of 

CLOUD DANCER AVL\TION 

AND FLYING CLUB, INC. 

Respondent 

Docket No. FAA-CPlOSOOOOl 

(FAA Civil Penalty Proceeding) 

DMSNo. FAA-2010-0192 

ORDER GRAfniN G RESPONDENT'S MOTION 

TO REOPEN PISCOVKRY AND 

GRANTING/DENYING OTHER RELIEF 

On August 25, 2010, the Respondent Cloud Dancer Aviation and Flying Club, 

Inc. filed the following: 1) Motion to Reopen Discovery and/or Consider Pending 

Discover> Motion; and 2) Motion to Compel Discovery. The FAA was sen-ed with the 

Motions, but did not file any response. 

On September 1. 2011. the Respondent and the F.\,A appeared by telephone for a 

Lirigaiion Scheduling Conference. Ai that time, the Respondent made an oral Motion to 

Dismiss the Complaint. The oral Motion was noted, and the Respondent was directed to 

file a v.rinen Motion \siih supporting fact and authorir,^ if it wished \o puisue a Motion lo 

Dismiss. The Respondent's August 25. 2010 Motions were discussed and oral rulings 

were issued. 

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It Is Hereby Ordered: 

1. The Respondent's Motion to Reopen Discovery is granted. 

2. The Respondent's Moiion to Compel Discover)' is respectfully reserved. If 

needed, the Respondent may renew this Motion prior to November 18, 2011 

{the discovery cut-off date). 

f. E. Sullivan 

U.S. Aliminigfrative Law Judge 

Attachment: Service List ^, fp fjs rs n r/7 -^ n 

S EP 1 2 ZG' 
FDMS No. FAA-2010-0192 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administiation 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Dennis R. Haber, Respondent's Counsel 

Dennis R. Habei, P.A. 

8925 S.W. 148 Street, Suite 200 

Miami, FL 33176 

TEL: 305-256-3002 

FAX: 305-256-3004 

Andrea Michelle Harper, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Bo.\ 20636 

Atlanta, GA 30320 

TEL: 41)4-305-5200 

F.AX: 404-505-5223 

The Honorable J. E. Sullivan, Adminiscrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 Ntv. Jersey Avenue, S.E. 

Washineton. DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Suite 

2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.