I 

I . 

I 

In The Matter Of: 

SERVED: SEPTEMBER 30, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. 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 

On August 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 Associated Deadlines. The FAA states that the parties have reached a settlement 

agreement in principle, but additional time is needed to accomplish certain provisions of the 

agreement. The FAA requests that the Litigation Scheduling Conference and associated deadline 

be continued for "a minimum of 3 0 days." The FAA asserts that it has attempted to contact the 

Respondent several times to facilitate the filing of a joint motion, but has been unsuccessful. 

Having reviewed the 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 of Rule 

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. The parties shall access the 

Conference by dialing 202-493-2343. 

3. The deadline for the parties to submit a jointly written Rule 26(f) Proposed Scheduling 

and Discovery Plan is continued from September 30, 2014, to November 7, 2014. 

4. If either party has an unavoidable conflict with the Continued Rule 16 Litigation 

Scheduling Conference, and wishes to modify the date/time of the Conference, the party 

shall first confer with opposing counsel about mutually agreeable alternate dates, 

and then contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-

366-6941) as soon as possible after the receipt of this Order, with at least three (3) 

mutually-agreed, proposed alternate dates/times for the Judge's consideration. 

Attachment: Service List 

Page 2 of 2 
SERVICE 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-Suite 2W10001 

Mr. R. Bennett Sargent 

Complainant's Counsel 

Office of the Chief Counsel 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01803 

TEL: 781-238-7058 

FAX: 781-238-7055 

Ms. Linda Thompson 

ONE COPY 

Protheragen,Inc. d/b/a Alfa Chemistry, Respondent 

1360 Stony Brook Road 

Stony Brook, NY 11 790 

TEL: 201-478-8534 

FAX: 516-927-0118 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2014-0406 

(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 2Wl000, Washington, 

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