In The Matter Of: 

### SERVED: August 24, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
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DocketNo. FAA-2015-0643 Mach One Air Charters, Inc. ) ) ) ) ) Case No. 2014WP2100J8 Respondent


### PREHEARING CONFERENCE REPORT .•**~·** j .._ .! '

OnAugust 23, 2016, the undersignedjudgeheld a prehearing conference inthe above captioned case. Counsel for the Complainant and Respondent attended the conference telephonically to discuss the following: 

### 1. Discovery The parties agree discovery is complete. 

### 2. PendingMotions The parties agree there are no pending motions currently awaiting decision inthis case. 

### 3. Venue a. The Complainant requests the hearing be held in St. Paul, MN, where the alleged incident occurred. The government has three witnesses who work and reside in St. Paul.. A fourth government witness is located in Houston, TX, while a fifth witness is in Riverside, CA. b. The Respondentrequests the hearing be held in Riverside, CA, the location most convenientto the Respondent and his counsel. The Respondent will call five

. witnesses who reside and work in or near Riverside. c. The undersignedjudge will take this matter under advisement. 

### 4. Litigation Schedule The parties agree to the following litigation schedule: a. Prehearing motions i. Any motions shall be filed by 

### October 1, 2016. 11. Responses to prehearing motions shall be filed within 

### 30 days ofthe serviceofthe motion. m. Ifargument is requested by a party, a telephonic conference for argument on prehearing motions will be held on 

### November 17, 2016. b. Complete witness and evidence lists shall be exchanged by the parties and submitted to the undersignedjudge at least 30 

### days before the hearing. c. Any subpoenarequests shall be submitted to the undersignedjudge at least 30 

### 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). 

### 5. HearingDate The parties agree to keep the week of

### March 20 to 24, 2017 open for a possible hearing. 

### 6. SubstantiveIssues a. Page 2 ofthe Answer appears to have a typographical error.in the paragraph numbered "l",underthe heading "Allegation III", whichreads "The answering Respondent denies admits
..." b. The Respondent will no longer be pursuing the fourth, fifth, or eighth affirmative defenses provided in the Answer. 

### 7. Settlement The undersignedjudge encouragedthe parties to continue to discuss possible settlement. Pursuantto 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 4.

Attachment: Service List 

# 7L11:::----- nouoLAs M. RA

# w ALD Administrative LawJudgeSERVICE 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 2Wl0001

StevenL. Graff, Respondent's Counsel Steven L. Graff, Inc. 43399 Calle De Velardo Temecula, CA 92592 TEL: 951-303-6400 FAX: 951-303-0723 Glenn H. Brown, Complainant's Counsel Office ofthe Regional Counsel Federal AviationAdministration 222 West 7th Avenue #14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 ONE COPY

The Honorable Douglas M. Rawald,Administrative LawJudge Office ofHearings, M-20 U.S. Department 

### ofTransportation 1200 NewJersey Avenue, S.E. (El 1-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2015-0643 (Civil PenaltyAction)

1 Service was byU.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.