: ;FR^RTf^lENT OF 

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SERVED JULY 15, 2011 JUL !.G P h 3^^ 

u s DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

FEDERAL EXPRESS CORPORATION 

FAA DOCKET No. CP10NM0006 

(Civil Penalty Aciion) 

DMS FAA-2010-0790 

IN THE MATTER OF 

EMPIRE AIRLINES, INC. 

FAA DOCKET No. CP10NM0007 

(Civil Penalty Action) 

DMS FAA-2010 0791 

ORDER DENYING MOTION FOR CONTINUANCE 

Respondents in these matters. Federal Express Corporation ("Federal Express") 

and Empire Airlines, Inc. ("Empire") (collectively "the Respondents"), are respondents in 

actions consolidated by Order served May 24, 2011. They have moved for a continuance 

of nine months, or until the FAA decisionmaker has issued a final decision and order in 

the Matter of Empire Airlines, Inc., FAA Docket No. CP09NM0009, DMS No. FAA2009-0586 ("the Empire case"). The Empire case is on appeal from the Initial Decision 

of the undersigned. In support, the Respondents argue that the issues of fact and law in 

the Empire case are substantially similar to the issues in the case at bar. Tlie decision in 
that case would liavc a malerial impact on the instani proceedings. As such, grant of 

Respondents' Motion for Continuance ("the Motion") would pronuite judicial economy 

and justice. 

Complainant Federal Avialion Administration ("Complainant") opposes the 

Motion. Il argues that granling a continuance in a matter in which the incidents 

prompting the charges occurred more than three years ago would compromise its 

evidence and witness memory. Moreover, to delay these matters pending rulings in an 

unrelated case unjustifiably tics these proceedings to an inlicrently uncertain outcome. 

Complainant's arguments arc persuasive. A furthei" delay would unfairly 

prejudice the agency in its preparation without a countervailing benefit. It cannot be 

predicted when the FAA decisionmaker will rule in the Empire case or, lor that matter, 

what issues would be decided. Il would not serve the interests of justice to postpone the 

instant matters for such an elusive, indefinite event. 

For the reasons stated. Respondents' Motion for Continuance is hereby DENIED. 

SO ORDERED. 

U.S. Administrative Law Judge 

Attachments - Service List 
FAA Docket No. CP10NM0007 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Intlependcncc Avenue, S,\V. 

Washington, DC 20591 

Attention Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2VV1000' 

ONE COPY 

Tim Kombercc, President/CEO 

Empire Airlines, Inc., Respondent 

11559 North Atlas Road 

Hayden, ID 83885 

Glenn P. Wicks, Respondent 'a Counsel 

Ronccvert D. Almond 

The Wicks Group, PLLC 

1215 17'Strect, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

TEL: 202-457-7790 

FA.X: 202-457-7799 

Kvle Lomazow, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue, S.W. 

Rehton, WA 98057 

TEL: 425-227-1847 

FAX' 425-227-1007 

The Honorable Richard C. Goodwin, Administralivc Lmf Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5 121 FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the IbMowing address: Hearing Docket, 

Federal Avialion Administration, 600 Ijidependcnce Avenue, -S W., Wilbur Wright Builduig - Room 2014, Washington, DC 

205'J 1, Attention- Hearing Docket Clerk, AGC^30. 
^ 

FAA Docket No. CP10NM0006 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -Suite 2W1000' 

ONE COPY 

David J. Bronczek, President 

Federal Express Corporation, Respondent 

nd Delivery Code 7622, Bldg G, 2 Floor 

3620 Hacks Cross Road 

Building B, 3'''Floor 

Memphis, TN 38125 

Cynthia Chandler-Snell, Respondenrs 

Counsel 

Federal Express Corporation 

Regulatory Division 

3620 Hacks Cross Road 

Building B, 3'''Floor 

Memphis, TN 38125 

TEL- 901-434-8361 

FAX: 901-434-8283 

Glenn P. Wicks, Respondent's Counsel 

Roncevert D. Almond 

The Wicks Group, PLLC 

1215 17^^ Street, NW 

Sumner Anne.v, Fourth Floor 

Washington, DC 20036 

TEL: 

FAX: 

202-457-7790 

202-457-7799 

Kyle Lomazow, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

FAX- 425-227-1007 

The Honorable Richard C. Goodwin, 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Ad visor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' ScA'icc was by U S. Mail. For service in person or by expedited courier, use Uie following address: 

Federal Aviation Adininistrdtion, 600 Independence Avenue, S.W., Wilbur Wright Building-Suile2WJO0O. 

Wasliington, DC 20591 Attention: Hearing Docket Clerk, AGC-43U.