In The Matter Of: 

SERVED: January 16, 2015 

U.S. DEPARTMENT OF TRANSPORTATION •- ' 

OFFICE OF HEARINGS 

WASHINGTON, DC -' 

Docket No. FAA-2014-0866 

MISSISSIPPI AIR EXPRESS, LLC 

) 

) 

) 

) 

Respondent ) 

Case No. 2013S0950114 

ORDER DIRECTING PARTIES TO CONFER AND 

FILE AN AGREED BRIEFING SCHEDULE 

ON THE RESPONDENT'S MOTION TO DISMISS 

On December 12, 2014, the FAA filed a Complaint alleging that the Respondent had 

violated various Federal Aviation Regulations. 1 The FAA requested a total of $2,200 in a 

proposed civil penalty. 

On January 7, 2015, the Respondent, Mississippi Air Express, LLC, filed its Objections, 

Responses and/or Answer to the Complaint ("Answer"). In this Answer, the Respondent's First 

and Second Objections move for dismissal ofthe FAA's Complaint, on the grounds that it was 

not timely filed. 

Brief Discussion 

The Respondent's First and Second Objections, requesting dismissal, allege certain 

problems but do not provide any specific facts or legal argument in support of the request for 

relief. Once the Respondent perfects its arguments, the FAA has a right of response. Since this 

matter may (or may not) resolve the entire case, it should be addressed before any discovery is 

conducted on the charged allegations or any hearing is scheduled. 

Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, 

regulations, rules, and authority, and being fully advised; 

1 Specifically, 14 C.F.R. §§ 120.109(a)(I), 120.223(a)(l)(i), and 120.115(b)(l). 
IT IS HEREBY ORDERED: 

1. The FAA and the Respondent shall confer privately, and agree to a mutually convenient 

briefing schedule (i.e., Respondent Brief; FAA Response; and Respondent Reply) to 

address the Respondent's Motion to Dismiss on the grounds of untimeliness. 

2. If the parties would like to present oral argument on the disputed Motion after the 

submission of briefs, they shall also find on their calendars at least three (3) mutuallyagreed, proposed dates/times for such oral argument for the Judge's consideration. Such 

proposed dates, if requested, should be included in the parties Jointly Proposed Briefing 

Schedule. 

3. On or before January 30, 2015, the parties shall file their Jointly Proposed Briefing 

Schedule. 

4. For any questions about this procedures contained in this Order, contact Mr. Cody L. 

Smith, Attorney-Advisor at the Office ofHearings (202-366-6941). 

Attachment: Service List 

Page 2 of 2 
Docket No. FAA-2014-0866 

(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-Suite 2W10002 

Mr. Deitrick H. Johnson 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Wayne E. Ferrell, Jr. 

Respondent's Counsel 

Law Offices of Wayne E. Ferrell, Jr. 

P.O. Box 24448 

405 Tombigbee St. 

Jackson,MS 39228-4448 

TEL: 601-969-4 700 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

Mr. Matthew Couch, President 

Mississippi Air Express, LLC, Respondent 

231 Clark Farms Rd. 

Madison, MS 39110 

2 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.