In The Matter Of: 

Sea Hawk Air, Inc. 

Respondent 

SERVED: September 9, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2014-0865 

Case No. 2011NM730060 

PREHEARING CONFERENCE REPORT 

On September 8, 2016, the undersigned judge held a prehearing conference in the above 

captioned case. Counsel for the Complainant and the Respondent attended the conference 

telephonically to discuss the following: 

1. Substantive Issues 

a. The Respondent app,ears to have not filed an answer to the complaint. The 

Respondent's counsel was unaware of this fact. The Respondent will file an answer, 

including a statement explaining the cause for the untimely filing, by September 13, 

2016. 

b. The Complainant will have 30 days from the filing of the Respondent's answer to 

respond to the Respondent's good cause statement. 

c. The Complainant alleges the Respondent to be a "business entity that regularly offers, 

accepts, or transports hazardous materials in the c.ourse of its business" for purposes 

of determining the appropriate sanction range for each alleged violation. 1 

2. Discovery 

The parties agreed discovery has been completed in this matter. 

3. Litigation Schedule 

The parties agreed to the following litigation schedule: 

a. Prehearing motions · 

i. Any motions shall be filed no later than October 31,2016. 

1 See Department of Transportation, FAA Order No. 2150.3B, Appendix C-14; see also Atlas Frontiers, LLC, FAA 

Order No. 2010-10 at 6 (June 16, 2010) (describing the sanction range for entities that are alleged to have violated 

the hazardous material regulations). 
of the motion. 

111. If argument is requested by either party, a telephonic conference for argument 

on prehearing motions will be held on December 7, 2016. 

b. Complete witness and evidence lists shall be exchanged by the parties and submitted 

to the undersigned judge at least 30 days before the hearing. 

c. Any subpoena requests shall be submitted to the undersigned judge at least 45 days 

before the hearing. 

d. Each party shall provide the undersigned judge a CD containing digital copies of 

premarked versions of all proposed exhibits at least 30 days before the hearing. 

e. The parties may, during the course of the hearing, request the opportunity to submit 

posthearing briefs pursuant to 14 C.F.R. § 13.231(c). 

4. Hearing Date 

The parties agreed to keep the week of April 24-28, 2017 open for a possible hearing. 

5. Settlement 

The parties agreed they have had fruitful settlement discussions; the undersigned judge 

encourages the parties to continue to discuss possible settlement. 

Pursuant to 14 C.F.R. § 13.205(a)(6) and§ 13.217(d), IT IS HEREBY ORDERED that the 

parties shall adhere to the litigation schedule described above in paragraph 3. 

Attachment: Service List 

DOUGLAS 

~-M. RA WALD 

Administrative Law Judge 
, 

SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0002 

John L. Wright, Respondent's Counsel 

The Law Office of John L. Wright, P.C. 

11705 Airport Way, Suite 307 

Broomfield, CO 80021 

TEL: 303-747-4000 

FAX: 303-747-4001 

ONE COPY 

Kyle M. Lomazow, Complainant's Counsel 

Office of Regional Counsel, Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, W A 98057 

TEL: 425-227-1847 

F~: 425-227-1007 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2014-0865 

(Civil Penalty Action) 

2 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 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.