InThe Matter Of: 

## SERVED: DECEMBER 4, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC**·~:** j

.__ ) :·: 

### J -t DocketNo. FAA-2015-0635 HORTMAN AVIATION SERVICES, INC. ) ) ) ) 

### ) ) Case No. 2010EA170043 Respondent



### ORDER SETTING DEADLINES FOR THE RESPONDENT TO FILE EXPLANATION AND UPDATED CONTACT LIST, AND FOR THE FAA TO FILE ADEFAULT MOTION

OnNovember 2, 2015, an Order Continuing the Deadline to File the Rule 26(t) Jointly Proposed Discovery Plan and the Rule 16 Litigation Scheduling Conference was filed.
OnNovember 13, 2015, the FAA filed the Agency's Proposed Scheduling/Discovery Plan ("Plan"). Inthis Plan, the FAA stated that the Respondent "NortheasternAviation Corp." [sic]jointlyproposedthe Plan (Plan, 1.)
OnDecember 3, 2015, the FAA appeared by telephone for the scheduled Rule 16 Litigation Scheduling Conference. The

### pro se Respondent 

### inthis action, Hortman Aviation Services, Inc., did not appear, and there was no explanation for the Respondent's absence. During the December 3, 2015 Conference, the FAA asserted that ithadnot had anyrecent contact with the Respondent, and attempts to reach the Respondent using its telephone number of record hadbeenunsuccessful. Upon review ofthe Court'srecord, it appeared thatthe Respondent had filed a Request for Hearing onFebruary 13, 2015, and had last communicated withthe FAA onApril16, 2015, which was approximately eight (8) months ago.
Pursuantto 14 C.F.R. §§ 13.205; 13.220; and Civ. R. 16, and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised;IT IS HEREBY ORDERED:

1. December31, 2015: Deadline for Respondent's Written Explanation: Onorbefore December 31, 2015 the Respondent should serve and file a written explanation stating the reason(s) it failed to appear for the court-ordered December 3, 2015 Rule 16 Litigation Scheduling Conference. Ifthe Respondent fails to provide a written explanation for its absence at the December 3, 2015 Conference, the Respondent maybe deemed to have abandoned its Requestfor Hearing in these proceedings.

2. December31, 2015: Deadline for Respondent's Updated ContactList: On orbefore December 31, 2015 the Respondent shall serve and file an updated contact list, in which itprovides a current address, telephone, and fax number for use inthese proceedings. If the Respondent fails to provide an updated contact list, the Respondent may be deemed to have abandoned its Request for Hearing in these proceedings

3. December31, 2015 Motion Filing. On or before December 31, 2015 the FAA may file a Motion for Default.

4. Clarification or Questions. For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, AttorneyAdvisor, at the Office ofHearings (202-366-6941).

Attachment: Service ListDocketNo. FAA-2015-0635 (Civil Penalty Action) 

### 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-Suite2W1000 1

Mr. Zachary M. Berman Complainant's Counsel Federal Aviation Administration Office ofthe ChiefCounsel Enforcement Division, Northeast Team 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699
Mr. H.M. Hortman, President Hortman Aviation Services, Inc. Respondent 9800 Ashton Road Philadelphia, PA 19114 TEL: 215-969-0311 FAX: 215-677-6408
Judge 

### J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

1 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.