In The Matter Of: 

### SERVED: August 29, 2016
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-1321 Fisher Scientific Company, LLC ) ) ) ) ) Case No. 201180700457 Respondent

ORDERSETTING PREHEARING CONFERENCE
OnJune 23, 2015, the Respondent filed a Motion to Dismiss Complaint for Insufficiency and for Complaint's Violation ofRule 208 ("Motionto Dismiss") in the above captioned case. On August 7, 2015, the Complainant filed a Response to the Motion to Dismiss. On December 21, 2015, the Respondent filed a Reply to Complainant's Response. Inthe Reply, the Respondent requested oral argument on the issue. OnMarch 24, 2016, the case was reassigned to the undersignedjudge. On April 6, 2016, the undersignedjudge issued an Order Directing the Parties to Meet and Confer Regarding Litigation,and Scheduling Issues in the above captioned case. The order required, 

### inter alia, the parties to submit ajointreport to the undersignedjudge within 30 days of that order. OnApril30, 2016, the Respondent filed a unilateral report, statingthat attempts to meet and confer with the Complainanthad failed. The Complainant failed to submit a report or request for additional time before the deadline. On May 17, 2016, the undersignedjudge issued an Order to ShowCause and Provide Requested Information ("Show Cause Order") in the above captioned case. On May 31, 2016, the Complaint submitted a Response to the Show Cause Order and requested that any discussion oflitigation scheduling be postponed until after the undersigned judgeruled onthe Motionto Dismiss. Pursuantto 14 C.F.R. § 13.205(a)(1) and (7), IT IS HEREBY ORDERED: 1. The parties shall appearby telephone for a prehearing conference withthe undersigned judge on October4, 2016 at lOam Eastern time.2. The parties shall access the conference by dialing telephone number 

### 888-204-5984 and then inputting access code 

### 6392406 whenprompted. 3. During the conference, the parties shallpresent oral arguments regarding the Motionto Dismiss.

# -=~WALD Administrative LawJudge

Attachment: Service ListDocketNo. FAA-2015-1321 (Civil Penalty Action) SERVICE LIST- BYU.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 2W10001

Jerry W. Cox, Respondent's Counsel Counsel for Thermo Fisher Scientific, Inc;

and Fisher Scientific Co., LLC 2050 Jamieson Ave., Suite 1212 Alexandria, VA 22314 TEL: 703-757-5866 ONE COPY

Email: jcox@potomacstrategyassociates.com
Andrea Michelle Harper, Complainant's Counsel Senior Attorney, Office ofthe Regional Counsel Enforcement Division, Southern Team Federal Aviation Administration P

### .0. Box 20636 Atlanta, GA 30320 TEL: .404-305-5200 FAX: 404-305-5223
The Honorable Douglas M. Rawald,Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

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.