In The Matter Of: 

## SERVED: 

## January 16, 2015 U.S. DEPARTMENT OF TRANSPORTATION •- ' OFFICE OF HEARINGS WASHINGTON, DC -'

DocketNo. FAA-2014-0866 MISSISSIPPI AIREXPRESS, LLC ) ) ) ) ) Respondent Case No. 2013S0950114



### ORDERDIRECTING PARTIES TO CONFERAND FILEAN 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. 1The FAA requested a total of$2,200 in a proposed civil penalty. OnJanuary 7, 2015, the Respondent, Mississippi Air Express, LLC, filed its Objections, Responses and/or Answerto the Complaint ("Answer"). In this Answer, the Respondent's First and Second Objections move for dismissal ofthe FAA's Complaint, onthe grounds that it was not timely filed. BriefDiscussion The Respondent's First and Second Objections, requesting dismissal, allege certain problemsbut do not provide any specific facts orlegal argument in support ofthe request for relief. Once the Respondentperfects its arguments, the FAAhas a right ofresponse. Sincethis matter may (or maynot) resolve the entire case, it shouldbe addressedbefore any discovery is conducted onthe 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;

1Specifically, 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 conferprivately, 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 ofuntimeliness. 2. Ifthe parties would like to present oral argument onthe disputed Motion afterthe submission ofbriefs, they shall also find ontheir calendars at least three (3) mutuallyagreed, proposed dates/times for such oral argument for the Judge's consideration. Such proposed dates, ifrequested, should be included inthe 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 inthis Order, contact Mr. Cody L. Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of2DocketNo. 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 ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Wayne E. Ferrell, Jr. Respondent's Counsel Law Offices ofWayne E. Ferrell, Jr. P.O. Box 24448 405 Tombigbee St. Jackson,MS 39228-4448 TEL: 601-969-4700 Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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 231Clark 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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.