In The Matter Of: 

## SERVED: October 29,2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0685 SMYRNA AIR CENTER ) ) ) ) ) Case No. 2011CE190020 Respondent


### ORDERDIRECTING PARTIES TO CONFERAND FILEAN AGREED BRIEFING SCHEDULE

On September 19,2014, the FAA filed the Complaint alleging that betweenJanuary 24, 2011, and April 14, 2011, Respondent violated various Federal Aviation Regulations. 1
On October 23, 2014, the Respondent filed its Answer to Complaint ("Answer"). As an affirmative defense, the Respondentassertedthat the September 19,2014 Complaint was untimely under 49 U.S.C. 

### § 46301(d)(7)(C). The Respondent requested thatthe Complaintbe "denied." A. BriefDiscussion: Accordingto the Respondent, its affirmative defense and Motion is based upon "49 U.S.C. §46301(d)(7)(C) and not 14 C.F.R. 

### § 13.208(d)." (Answer at 3**~15.)** Section 46301(d)(7), 49 U.S.C, provides in part: (A) The Administrator may impose apenalty on a person (except an individual acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an opportunity for a hearing onthe record. 

## * * * (C) Except for good cause, a civil action involving a penalty under this paragraph may not be initiated later than 2 years after the violation occurs. 49 U.S.C. § 46301(d)(7)(A), (C).

1 Specifically,l4 C.F.R. §§ 145.207(a), 145.151(b), 145.15l(d), and 145.163(b)-(c). ··-"'; "-- -} ·

...,_ 

### --- ''.,;The Respondent's Answer did not provide inclusive facts in support ofits Motion (e.g., the issuance date ofthe Notice ofProposed Civil Penalty, etc.). The Answer also did not include a fully developed argument aboutthe applicable law.
The Respondent's request is essentially a Motion to Dismiss. The parties should address this disputed matterbefore any discovery is conducted onthe charged allegations or any hearing is scheduled. Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised;


### IT IS HEREBY ORDERED: 1. The FAA andthe Respondent shall confer privately to discuss a mutually convenient briefing schedule to address the Respondent's Motionto Dismiss.
2. On or before November 18,2014 the parties shall file a Proposed Agreed Briefing Schedule onthe Motionto Dismiss. This Proposal should also include whether ornotthe parties would like to present an oral argument onthe Motion after the submission of briefs, and ifso, provide at least three (3) mutually-agreed, proposed alternate dates/times for such oral argument for the Judge's consideration. 3. For any questions aboutthis procedures contained inthis Order, contactMr. Cody L. Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of 2

### DocketNo. FAA-2014-0685 (Civil Penalty Action) SERVICE LIST- BY 

### U.S. MAIL ORIGINAL & ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1



### Mr. Ryan M. Landers Complainant's Counsel Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 TEL:404-305-5200 FAX: 404-305-5223 Mr. Thomas F. Mink, II Respondent's Counsel P.O. Box 198742 219 SecondAvenue North, Suite 400 Nashville, TN 37219-8742 TEL: 615 -256-0138 FAX: 615-730-5997 Judge J.E. Sullivan US. 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



### Smyrna Air Center, Inc. Respondent c/o Neal Ropp, Accountable Manager 300 Warpoole Road Syrrnna, TN 37167

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430.