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In The Matter Of:
PUERTO RICO 

## SERVED: JULY 24,2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2013-1086 POLICE DEPARTMENT ) ) ) ) ) ) Case No. 2011S0190181 Respondent

ORDER CONTINUING.THE RULE 16 LITIGATION SCHEDULING CONFERENCE AND SETTING DEADLINES FOR SHOW CAUSE FILINGS

OnJune 23, 2014, an Order Continuing Rule 16 Litigation Scheduling Conference was filed. On July 16, 2014, the FAA, onbehalfofthe parties, filed a Jointly Proposed Procedural Schedule. On July 21, 2014, the FAA filed a Motion to Deem Admitted ("Motion"), asserting that the Respondent, Puerto Rico Police Department, had failed to file a timely Answer to the FAA's

. March 19, 2014 Complaint. OnJuly 23, 2014, the Respondent e-mailed to an Office ofHearings ("OH") staff member an Answerto the Complaint and/or Motion to Dismiss and Opposition to Motionto Deem Admitted ("Answer"). On July 23, 2014, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed multiple litigation and procedural matters. Pursuant to 14 C.F.R. §13.205(a)(1), (6, and (8), and 14 C.F.R. § 13.218, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: 1. 

### Wednesday, October 22,2014 (10:00 a.m. ET). The Rule 16 Litigation Scheduling Conference is continued to Wednesday, October 22, 2014 (IO:OOam Eastern Time). The parties shall access the Conference by dialing 202-493-2343. 2. Pursuantto 14 C.F.R. §13.211(b), the parties shall serve documents bypersonal delivery orby mail (which may include the USPS, FedEx, UPS, or other mail service). The "filing" deadline is the date the document is due inthe Office ofHearing ("OH"). Page 1 of2Because ofthe security delays with some mailed documents, the parties are strongly encouragedto fax documents to the OH to meet filing deadlines. Every document filed with the OH should include a certificate ofservice, pursuant to 14 C.P.R. §13.211(c). 3. The Respondent's Answer, improperly submitted by email to an OH staffmember on July 23, 2014, is accepted by the court as filed onJuly 23, 2014. 4. For all future litigation filings, the Respondent shall comply with the filing rules. No further e-mailings oflitigation documents to OH staffmembers will be accepted. 5. August 27,2014: Filing Deadline for Respondent's Show Cause Response. On or before August 27, 2014, the Respondent shall file a supplemental, Show Cause Response to the FAA'sMotion, and specifically identify the good cause factor(s) (ifany) for its failure to file a timely Answer. 6. September 22,2014: Filing Deadline for FAA Reply. Onorbefore September 22, 2014, the FAA may file a Reply to the Respondent's Show Cause Response. Ifthe FAA chooses not to file a Reply, it shall notify the court and the Respondent as soon as practicable ofthat choice. 7. Requests for Modification ofthis Order: Ifa party wishes to modify the date/time ofa scheduled filing or conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the Office ofHearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. 8. Clarification or Questions: For clarifications ofthis order orquestions 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 List

Page 2 of2

### DocketNo. FAA-2013-1086 (Civil Penalty Action) SERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC--430 Wilbur Wright Building-Suite2W10001



### Mr. Christopher R. Stevenson Complainant's Counsel Office ofthe Regional Counsel, ASO-7 SouthernRegion Federal AviationAdministration· 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAJ(: 404-305-5223 Ms. NazihraM. Abdulrahman Soler Respondent's Counsel Office ofLegal Affairs P.O. Box70166 San Juan, P.R. 00936-8166 ONE COPY



### TEL: 787-793-1234 ext. 3067, 3408, or 2203 FAX: NOTPROVIDED Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 NewJersey Avenue, S£. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Puerto Rico Police Department Respondent P.O. Box 70166 SanJuan, PR00936-8166

1 Service was byU.S. Mail. For service inperson orbyexpedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur W:i'ight Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430. ·