### In The Matter Of: 

## SERVED: JANUARY 28, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2014-0683 NORTHEASTERN AVIATION CORPORATION ) ) ) ) ) ) 

### Respondent Case No. 2012S0275132

ORDER CONTINUING RULE 16 LITIGATION SCHEDULING CONFERENCE AND SETTING MOTION DEADLINES



### On December 8, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. Among otherthings, this Order set the Rule 16 Litigation Scheduling Conference for February 10,2015, at 10:00 a.m. On January 9, 2015, the FAA filed the Agency's Motion for Decision ("Motion"). On January 27, 2015, the Respondent filed its Answer and Response to Complaint ("Answer"). BriefDiscussion The FAA is requesting full dispositive reliefbased on its position that the Respondent's answer to the Complaint was due November 28, 2014, and, at least at the time ofthe Motion, the Respondent had not filed an answer. (Motion, 1-2.) The FAA asserts that the Complaint was served on the Respondent's general manager on October 24,2014, but because ofa possible oversight, the FAA "may not have initially served counsel for Complainant [sic] withthe Complaint." (Motion, 1.) 

### The FAA argues that even ifthe Respondent's counsel was not properly served, he was**pu~** 

### on notice ofthe Complaintby various occurrences between October 30,2014, and December 18,2014 (!d. 

### at 1-2), before the FAA, on an unspecified date, "mailed him a copy ofthe Complaint out ofcourtesy" (I 

### d. at 2).The Respondent's Answer does not address the FAA's Motion. An untimely answer cannotbe accepted without a showing ofgood cause. 14 C.P.R.§ 13.209(f); 

### see, e.g., Larry's FlyingService, FAA OrderNo. 98-4 at 2-3 (Mar. 12, 1998); 

### BaerAir, Inc., DocketNo. FAA2014-0112 (July 2, 2014 Order Finding Respondent Filed a Timely Request for Hearing and Denying FAA's Motionto Dismiss). Thus, the Respondent still needs to file a response to the FAA's Motion and address the fact question ofwhen the Complaint was served, when the Answer was due, and, ifthe Answer was untimely filed, whether good cause exists for the untimely filing. Once this matterhas been fully briefed by the parties and ruled upon by the Court, thenthe parties may resume a scheduling/discovery litigation plan (ifstill applicable). Pursuantto 14 C.P.R.§§ 13.205(a)(6) and 13.218, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised; IT IS HEREBY ORDERED: 

### 1. The FAA's Motion for Decision is reserved. 2. The February 3, 2015 deadline for the parties file ajoint, proposed scheduling/discovery plan is continuedto 

### March 31, 2015. 3. The Rule 16 Litigation Scheduling Conference set for February 10, 2015, at 10:00 a.m. Eastern time, is continuedto 

### April 7, 2015, at 1:30 p.m. Eastern time. The parties shall access the Conference by dialing 202-493-2343. 4. 

### February 13,2015 Response Deadline: On or before February 13,2015,the Respondent shall file a Response to the FAA's Motion for Decision. 5. 

### February 27,2015 Reply Deadline: On or before February 27, 2015, the FAA may file a Reply. 6. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, AttorneyAdvisor, at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of 2SERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 IndependenceAvenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWrightBuilding-Suite2Wl0001

Mr. ZacharyM. Berman 

### Complainant's Counsel ONE COPY

Office ofRegional Counsel, Eastern Region Federal AviationAdministration 1AviationPlaza Jamaica, NY 11434 TEL: 718-553-3258 FPC(: 718-995-5699 Mr. EdwardJ. Longosz II 

### Respondent's Counsel Eckert Seamans Cherin & Mellott, LLC 12thFloor 1717 PennsylvaniaAvenue, N.W. Washington, DC 20006 TEL: 202-659-6619 Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings,M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPC(: 202-366-7536 DocketNo. FAA-2014-0812 (Civil Penalty Action)

1 Service was byU.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite2W1000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC--430.