SERVED JULY 15, 2011 

nEPARTMENT OF 

•FiA.f'JSPORTATION 

'•OtK H OPERATIONS 

zDII JUl 18 P ' 1^ 3Li 

u s DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

FEDERAL EXPRESS CORPORATION 

FAA DOCKET No, CPIONMOOII 

(Civil Penalty Action) 

DMSrAA-2010-0977 

IN THE MATTER OF 

CORPORATE AIR 

FAA DOCKET No. CPIONMOOIO 

(Civil Penalty Action) 

DMS FAA-2n 10-0975 

ORDER DENYING MOTION FOR CONTINUANCE 

Federal Express Corporation ("Federal Express") and Corporate Air 

("Corporate"), respondents in actions consolidated by Order served May 24, 2011 ("the 

Respondents"), have moved for a continuance of nine months, or until the FAA 

decisionmaker has issued final decisions and orders in the Mailer of Empire Airlines, 

Inc., FAA Docket No. CP09NM0009, DMS No. FAA-2009-0586 ("the Empire case"). 

The Empire case is on appeal from the Initial Decision of the undersigned. In support, 

the Respondents argue that the issues of fact and law in the Empire case are substantially 

similar lo the issues in the case at bar. The decision in that case would have a material 
impact on the instant proceedings. As such, grant of Respondents' Motion for 

Continuance ("the Motion") would promote judicial economy and justice. 

Complainant Federal Aviation Administration ("Complainant") opposes the 

Motion. It argues that granting a continuance in a matter in which the incidents 

prompting the charges occurred more than three years ago would compromise its 

evidence and witness memory. Moreover, to delay these matters pending rulings in an 

unrelated ca.se unjustillably ties these proceedings to an inherently uncertain outcome. 

Complainant's arguments are persuasive. A further delay would unfairly 

prejudice the agency in its preparation without a countervailing benclll. It cannot be 

predicted when the FAA decisionmaker will rule in the Empire case or, for that matter, 

what issues would be decided. It would not serve the interests of justice to postpone the 

instant matters for such anelusive, indefinite event. 

For the reasons stated, Respondents' Motion for Continuance is hereby DENIED. 

SO ORDERED. 

itchard C. Goodwin 

U.S. Administrative Law Judge 

Attachments - Service List 
FAA Docket No. CPIONMOOIO 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL &O^ E COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W 1OOO' 

ONE COPY 

C^aithia Chandler-Snell, Respondent's Counsel 

Senior Attorney, Federal Express, Inc. 

3620 Hacks Cross Road 

Building 8,3'''Floor 

Memphis, TN 38125-8800 

TEL: 901-434-8361 

FAX: 901-434-8283 

Glenn P. Wicks, Respondent's Counsel 

Ronccvcrt D. Almond 

The Wicks Group. PLLC 

1215 17'^ Street, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

TEL: 202-457-7790 

FAX: 202-457-7799 

K>'le Lomazow, CompJoinan! 's Counsel 

Attorney, Office of Regional Counsel 

Federal Aviation Admmistration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue, S.W. 

Rcnton, WA 98057 

TEL: 425-227-1847 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Lew Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

' Ser\'ice was by U.S. Mail. For scr\'ice in person or by expedited courier, use ilie following address: 

Hearing Docket. Federal Aviation Administration, 600 Independence Avenue, S.W.. Wilbur Wright Building- Room 

2014, Washinglon, DC 2059L Auenlion: Hearing Dockel Clerk. AGC-430. 
FAA Docket No. CPlONMOOi 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Admmistration 

SOO Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W lOOO' 

ONE COPY 

Cynthia Chandlcr-Sneli, Respondent's Counsel 

Senior Attomey, Federal Express, Inc. 

3620 Hacks Cross Road 

Building B^S"" Floor 

Memphis, TN 38125-8800 

TEL: 901-434-836] 

FAX: 901-434-8283 

Glenn P. Wicks, Respondent s Counsel 

Roucevert D. Almond 

The Wicks Group, PLLC 

1215 17'^ Street, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

TEL: 202-457-7790 

FAX: 202-457-7799 

Kyle Lomazov/, Complainant's Cuunsel 

Attorney, Office of Regional Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

FAX: 425-227-1007 

Tlic Honorable Richard C. Goodwin, Administrative Law' Judge 

Office of Hearings, M-20 

U.S. DcparUiient of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 Legal Assistant 202-366-5121 FAX: 202-366-7536 

Ser\'ice was by U.S. Mail. For scmcc ni person or by e.vpcdilcd courier, use Ihc foilouing address: 

Hearing Docket, Federal Aviniion Adininistralion. 600 Independence Avenue. S.W.. Wilbur Wright Building- Room 

2014, W;ishingion, DC 20591, Allenuon: Hearing Docket Clerk, AGC-430