In The Matter Of: 

## SERVED: AUGUST 4, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC .. -;

.........,._ ) ) ) DocketNo. FAA-2015-0205 JAMES JUAQUIN JORDAN Respondent 

### ) ) CaseNo. 2014SW700104

ORDER SETTING CERTAIN DISCOVERY DEADLINES, AND CONTINUING THE LITIGATION SCHEDULING CONFERENCE

OnJune 2, 2015, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On July 24, 2015, the parties filed a Joint Report ofRule 26(f) Conference an:d Discovery Plan. OnAugust 4, 2015, the parties appeared bytelephone for a Rule 16 Litigation Scheduling Conference, and discussed venue, discovery, and other litigation procedural matters. The parties agreed that additional time to exchange

**infor~.ation** for settlement purposes wouldbe helpful, prior to addressing a venue dispute and setting hearing dates. Pursuantto 14 C.P.R.§ 13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.P.R. § 13.217, and 14 C.P.R. 

### § 13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised; IT IS HEREBY ORDERED: 1. On or before August 7, 2015 (5:00p.m.), the FAA will serve the Respondent, Mr. James Juaquin Jordanby email with

# a copy ofthe relevant portions ofFAA's Sanction Guidance (i.e., FAA Order 2150.3B), thatthe FAAutilized to support its proposed civil penalty inthis case.

,,

**·u:~-** ,c i'i Page 1 of22. The Respondent shall decide ifhe wishes to pursue the affirmative defense ofan inability to pay the proposed civil penalty amount recommended bythe FAA. 3. Ifthe Respondent chooses to pursue the affirmative defense ofan inabilityto pay, he should, on or be:fore August 24,2015 (5:00p.m.), serve the FAAby email or fax with three years oftax returns (i.e., years 2014, 2013, and 2012) and any financial declarations or further informationhe deems relevant about his actual ability to pay a fine in this case. 4. The Rule 16 Litigation Scheduling Conference is continued to Wednesday, October 14, 2014 (10:00am-11:00am ET). The parties shall access the Conference Line by calling 202-493-2343. 5. The disputed issue ofvenue (i.e., the location ofthehearing site in either Texas or Georgia) is reserved, and will be scheduled for motion at a future date. 6. For clarifications ofthis order or questions with regard to the procedures to be followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office of Hearings (202-366-6941).

Attachment: Service List

Page 2 of 2SERVICE 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

Ms. Rebecca Holmes Complainant's Counsel Federal AviationAdministration Office oftheRegional Counsel (ASW-7) 2601 Meacham Blvd. Fort Worth, TX 76137 TEL: 817-222-5064 FAX: 817-222-5945/5092 Mr. James Juaquin Jordan Respondent 11980 Carriage ParkLane Johns Creek, GA 30097 Judge J.E. Sullivan US. Administrative Law Judge 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 Docket

### No. FAA-2015-0205 (Civil Penalty Action)

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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.