InThe Matter Of: SeaHawkAir, Inc. Respondent 

### SERVED: September 9, 2016 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) 

### ) DocketNo. FAA-2014-0865 Case No. 2011NM730060



### PREHEARING CONFERENCE REPORT On September 8, 2016, the undersignedjudge held aprehearing conference inthe above captioned case. Counsel for the Complainant and the Respondent attended the conference telephonically to discuss the following: 

### 1. SubstantiveIssues a. The Respondent app,ears to have not filed an answer to the complaint. The Respondent's counsel was unaware ofthis 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 ofthe Respondent's answerto respond to the Respondent's good cause statement. c. The Complainant alleges the Respondent to be a "business entitythatregularly offers, accepts, ortransports hazardous materials inthe c.ourse ofits business" for purposes ofdeterminingthe appropriate sanctionrange for each alleged violation.1 

### 2. Discovery The parties agreed discovery has been completed inthis 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.

1See Department ofTransportation, FAA OrderNo. 2150.3B, Appendix C-14; see alsoAtlas Frontiers, LLC, FAA OrderNo. 2010-10 at 6 (June 16, 2010) (describing the sanctionrange for entities that are alleged to have violated the hazardous material regulations).ofthe motion. 111. Ifargument is requested by either party, a telephonic conference for argument on prehearing motions will be held on December 7, 2016. b. Complete witness and evidencelists shall be exchanged bythe parties and submitted to the undersignedjudge at least 30 days before the hearing.
c. Any subpoenarequests shall be submitted to the undersignedjudge at least 45 days before the hearing. d. Each party shall provide the undersignedjudge a CD containing digital copies of premarked versions ofall proposed exhibits at least 30 days before the hearing.
e. The parties may, during the course ofthe 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 ofApril 24-28, 2017 open for a possible hearing. 5. Settlement The parties agreed they have had fruitful settlement discussions; the undersignedjudge 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 inparagraph 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 Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10002

John L. Wright, Respondent's Counsel The Law Office ofJohn 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 ofRegional Counsel, Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, WA 98057 TEL: 425-227-1847

**F~:** 425-227-1007 The Honorable Douglas M. Rawald, Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2014-0865 (Civil Penalty Action)

2 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.