## SERVED: March 18,2014

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### ~_-,<**_~:r:r_n:.­** 

### U.S. DEPARTMENT OF

## TRANSPORTATION-~-~-~!t-**-;:;--~U,:.** OFFICE OF HEARINGS --, -·- , __. ,,; ,,_.!;\;_:; 

### WASHINGTON, D.C. /:):· '"H ; 'l /\ 

## c;: SO

-In The Matter Of: ENDLESS MOUNTAINS AIR, INC., Respondent ) ) ) ) ) Docket No. FAA-2013-0848 Case No. 2012EA50008

ORDERSETTING MOTIONDEADLINES AND SETTING A SECOND RULE 16 LITIGATION CONFERENCE
OnJanuary 28, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On January 30,2014, the FAAfiled a Motion for Decisionrequesting that the allegations contained inthe Complaintbe deemed admitted because the

### pro se Respondent, Endless Mountains Air, Inc., had failed to file an Answer to the Complaint. On March 11, 2014, the parties filed a Joint Proposed Procedural Schedule. OnMarch 18, 2014, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigationprocedural matters. Pursuantto 14 C.P.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 C.P.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: 1. 

### April4, 2014: Deadline for the Respondent's Response. On orbefore April 4, 2014, the Respondent shall file a written Response to the FAA's Motion for Decision. 2. 

### April18, 2014: Deadline for the FAA's Reply. On orbefore April18, 2014, the FAA shall file a written Reply (ifany) to the Respondent's Response. 3. The Respondent's new fax number of570-945-5953 is added to the Respondent's address ofrecord.

Page 1 of54. May 

### 13,2014 (1:00pm-2:00pm ET): The parties shall reconvene bytelephone for a Second Rule 16 Litigation Conference on May 13, 2014 (1:00pm-2:00pm ET). To participate inthe Conference, eachparty shall call into the Office ofHearings Conference Line (202-493-2343). 5. Proper Jurisdictional Caption on Filed Documents: The properjurisdictional caption to include onthe first page ofall documents filed inthis litigation is: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
6. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office of Hearings (202-366-6941).

Attachment: Service List

Page 2 of 5SERVICE LIST- BYU.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 2WI000 1



### Mr. Zachary M. Berman Complainant's Counsel ONE COPY

Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. William J. Dobitsch, Jr. Endless Mountains Air, Inc. Respondent Seamans Airport 727 Windsock Lane Factoryville, PA 18419 FAX: 570-945-5953 Judge J.E. Sullivan U.S. AdministrativeLawJudge 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 FDMS No. FAA-2013-0848 (Civil Penalty Action)

1 Service was by U.S. Mail. For service inperson 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.