In The Matter Of: 

SERVED: FEBRUARY 25, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2014-0866 

MISSISSIPPI AIR EXPRESS, LLC 

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Case No. 2013S0950114 

Respondent 

ORDER WITHHOLDING FROM PUBLIC DISCLOSURE 

PORTIONS OF RESPONDENT'S MOTION TO DISMISS 

On February 2, 2015, an Order Adopting Proposed Briefing Schedule and Reserving 

Motion Conference was filed. 

On February 19,2015, the Respondent Mississippi Air Express ("Respondent") filed 

Respondent's Motion to Dismiss. 

On February 20,2015, the FAA Hearing Docket Clerk notified the Office ofHearings 

staff that certain portions of the Respondent's Motion to Dismiss might contain personally 

identifiable information. The Clerk asked for court direction on whether to post these documents 

on the public website. 

Brief Discussion 

Respondent's Exhibit C to the Motion to Dismiss consists oflab test results for Matthew 

Couch, the Respondent's president and pilot. These lab test results include Mr. Couch's name, 

address, and a nine-digit number (which may be a Social Security Number), as well as general 

health and drug test results. The same lab test results are provided again in attachments to 

Respondent's Exhibit D to the Motion. Included in Exhibit D are attachments that are marked 

Exhibit A 1 and Exhibit C). 

1 There are two attachments to Exhibit D that are both marked as Exhibit A. This Order seals only the attached 

Exhibit A that contains Mr. Couch's personal information and lab results. 
Pursuant to 14 C.F.R. § 13.226(a), any information contained in the record may be 

withheld from public disclosure, either upon court or party motion. Otherwise, all documents 

filed in the Hearing Docket are electronically accessible to the general public through the Federal 

Docket Management System. 14 C.F .R. § 13.21 0( e). 

Based upon a court review of the Respondent's Exhibits, it appears that the lab test 

results contain sensitive, personally identifiable information, the public disclosure of which 

would provide no benefit to the public or the parties. 14 C.F.R. § 13.226(b). 

Pursuant to 14 C.F.R. § 13.226, and 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 following portions of the Respondent's Motion to Dismiss shall be withheld from 

public disclosure: 

a. Respondent's Exhibit C; and 

b. The portions of Respondent's Exhibit D (attached and marked Exhibit A and 

Exhibit C) that contain Mr. Couch's lab test results 

2. The FAA Hearing Docket shall substitute a placeholder for the identified documents 

indicating that the documents are withheld from public disclosure. 

3. If future documents with confidential or sensitive information need to be filed, the parties 

should either agree to remove the confidential information prior to filing (e.g., agree to 

strike out a social security number, or a credit card number, etc.) or, in the alternative, 

file these documents with an attached request to withhold from the public record, 

pursuant to 14 C.F.R. § 13.226(a). 

Attachment: Service List 

Page 2 of 2 
Docket No. FAA-2014-0866 

(Civil Penalty Action) 

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 

Mr. Deitrick H. Johnson 

Complainant's Counsel 

Federal Aviation Administration 

Office ofthe Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Wayne E. Ferrell, Jr. 

Respondent's Counsel 

Law Offices of Wayne E. Ferrell, Jr. 

P.O. Box 24448 

405 Tombigbee St. 

Jackson, MS 39228-4448 

TEL: 601-969-4700 

FAX: 601-969-7514 

Judge J.E. Sullivan 

US. 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: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

Mr. Matthew Couch, President 

Mississippi Air Express, LLC, 

Respondent 

233 Clark Farms Rd. 

Madison, MS 39110 

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 2W1000, Washington, DC 20591; Attention: 

Hearing Docket Clerk, AGC-430.