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In The Matter Of: JOHN WALSH Respondent 

### SERVED: November 12, 2014 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) DocketNo. FAA-2014-0548 CaseNo. 2014S0190111



### ORDER GRANTING MOTION TO DEFERPRE-TRIAL PROCEDURES ._

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On

**M~y** 16, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. Among otherthings, this Order setthe Rule 16 Litigation Scheduling Conference for Thursday, November 20, at 1:30 p.m. Eastern time, and a November 13, 2014 deadline for theparties to file a proposed scheduling/discovery plan. OnNovember 12,2014,the Respondent filed a Motionto Defer Pre-Trial Procedures. The MotionreferencesNovember4, 2014 e-mail and telephone communications betweenthe parties and Office ofHearings attorney Cody Smith, in which Mr. Smith advised the parties that ifthey were unable to finalize settlement paperwork and file a formal withdrawal ofthe pleadings before November 19, 2014, the parties could submit a motion to continuethe Rule 16 Litigation Scheduling Conference. Respondent's counsel states thathe "believes in good faith that [the FAA attorney] Mr. Stevenson is not opposedto this Motion." Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; 

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### Is Hereby Ordered: 1. Pursuantto 14 C.P.R.§§ 13.205(a)(8) and 13.213 the Respondent's Motion to Defer PreTrial Procedures is granted. . ,

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### 2. The Rule 16 Litigation Scheduling Conference set for November 20, 2014, at 1:30 p.m. Easterntime, is continueduntil further notice. 3. The November 13, 2014 deadline to file aproposed scheduling/discovery plan is continued until further notice. 4. On or before December 5, 2014, the parties shall either file a formal withdrawal ofthe pleadings pursuantto 14 C.P.R.§ 13.215, or contact Mr. Cody Smith with three mutually agreeable dates/times for the Rule 16 Litigation Scheduling Conference.

Attachment: Service List

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### 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 Wright Building-Suite 2W1000 1

Mr. ChristopherR. Stevenson 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 

### ONE COPY

Federal Aviation Administration, Southern Region 1701 ColumbiaAvenue College Park; GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. StuartA. Goldstein 

### Respondent.'s Counsel Stuart A. Goldstein, P.A 7300North Kendall Drive, Suite 380 Miami, FL 33156 TEL: 305-670-1222 FAX: 305-400-0685 Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0548 (Civil Penalty Action)

1Service 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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. Page 3 of 3