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InThe Matter Of: 

### SERVED: SEPTEMBER30, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0406 PROTHERAGEN, INC. ) ) ) ) ) ) D/B/A ALFA CHEMISTRY COMPANY Case No. 2013NE700150 Respondent ORDER GRANTING CONTINUANCE OF THE RULE 16 LITIGATION SCHEDULING CONFERENCE OnAugust 14, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order set the Rule 16 Litigation Conference on October 7, 2014, at 10:00 a.m. Eastern time, and directed the parties to file a Rule 26(f) Proposed Scheduling and Discovery Plan on or before September 30, 2014. On September 30,2014, the FAA filed a Motion for Continuance ofRule 16 Scheduling Conference and AssociatedDeadlines. The FAA states thattheparties have reached a settlement agreement inprinciple, but additional time is needed to accomplish certain provisions ofthe agreement. The FAArequests that the Litigation Scheduling Conference and associated deadline be continued for "aminimum of30 days." The FAA asserts that it has attempted to contactthe Respondent several times to facilitate the filing ofajointmotion, but has been unsuccessful. Having reviewedthe case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; IT IS HEREBY ORDERED: 1. Pursuant to 14 C.P.R.§ 13.205(a)(l)and (8), the FAA's Motion for Continuance ofRule 16 Scheduling Conference and Associated Deadlines is granted. --,.**..~, .···~** 2. The Rule 16 Litigation Scheduling Conference, set for October 7, 2014, is continued to Friday, November 14,2014, at 10:00 a.m. Eastern time. Theparties shall access the Conference bydialing 202-493-2343. 3. The deadline for the parties to submit ajointly written Rule 26(f) Proposed Scheduling and Discovery Plan is continued from September 30, 2014, to November 7, 2014. 4. Ifeitherparty has an unavoidable conflict with the Continued Rule 16 Litigation Scheduling Conference, and wishes to modify the date/time ofthe Conference, the party shall first conferwith 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.

Attachment: Service List

Page 2 of2SERVICE LIST- BY U.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1

Mr. 

### R. Bennett Sargent Complainant's Counsel Office ofthe ChiefCounsel Federal Aviation Administration 12 NewEngland Executive Park Burlington, MA 01803 TEL: 781-238-7058 FAX: 781-238-7055 Ms. LindaThompson ONE COPY

Protheragen,Inc. d/b/a Alfa Chemistry, Respondent 1360 Stony Brook Road Stony Brook, NY 11790 TEL: 201-478-8534 FAX: 516-927-0118
Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0406 (Civil Penalty Action)

1Service 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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430.