SERVED: MARCH 6, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2014-0807 

PAZ AVIATION, INC. 

Respondent 

Case No. 2011S0190272 

ORDER ACCEPTING WITHDRAWAL OF RESPONDENT'S 

MOTION TO DISMISS, RECONFIRMING OTHER DEADLINES, 

AND PROVIDING DIRECTION TO THE PARTIES 

On December 23, 2014, an Order Adopting Proposed Briefing Schedule and Setting 

Motion Conference was filed. 

On January 23,2015, the Respondent filed its Memorandum ofLaw in support of its 

Motion to Dismiss. 

On February 18,2015, the FAA filed its Response to Respondent's Motion to Dismiss 

"(Response"). The Certificate of Service attached to the Response showed a mailing date to the 

Respondent of February 10,2015. 

On February 19,2015, the Respondent filed a second Motion to Dismiss ("Second 

Motion"). This Second Motion requested dismissal of the proceeding on the grounds that the 

FAA failed to timely file a Responsive Brief to the Motion to Dismiss, on or before February 13, 

2015, in accordance with the Briefing Schedule. 

On March 2, 2015, the FAA filed a Response to the Respondent's Second Motion, in 

which the FAA asserted that it had filed a timely Response. 

On March 4, 2015, the Respondent filed a Notice of Withdrawing Motion. The 

Respondent noted that the FAA had used an "incorrect Zip Code number to Respondent's 

counsel's firm," which apparently delayed service ofthe FAA's Response on the Respondent 
until February 25, 2015. The Respondent stated that "since it appears [the FAA's Response] was 

timely filed, Respondent withdraws its Motion to Dismiss." 

Brief Jurisdictional Title Discussion: 

The Respondent's materials have utilized the following jurisdictional caption at the top of 

the first page: "U.S. Department of Transportation, Office of Hearings, Federal Aviation 

Administration". This is an error. The Office of Hearings is not a department within the Federal 

Aviation Administration. The Office of Hearings is an independent adjudication office, located 

within the U.S. DOT's Office of the Secretary in Washington, DC. The jurisdictional title 

utilized in this Order (and all other orders issued by the Court), states: "U.S. Department of 

Transportation, Office of Hearing~? Washington, D.C." This is the jurisdictional title which 

should be used by both parties in all future submissions. 

Pursuant to 14 C.P.R. § 13.205(a)(l), (6), and (8), and 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. The Respondent's March 4, 2015 Notice of Withdrawing Motion to Dismiss is accepted. 

2. The March 13, 2015 deadline for the Respondent to file its Reply (if any) to the FAA's 

Response is reconfirmed. 

3. The Motion Conference, set for April9, 2015, 10:00 a.m. -11:00 a.m. Eastern time, is 

reconfirmed. The parties shall access the Motion Conference by dialing 202-493-2343. 

4. For all further pleadings and submissions the parties are directed to utilize the correct 

jurisdictional title for this Court. , 

5. Filing with the Court: The deadline date for filing documents with the Court is the date 

that the documents are date-stamped received at the Office of Hearings. Parties are 

encouraged to fax a Judge's working copy of their materials to the Office of Hearings on 

or before the deadline date to ensure compliance with the Court's deadlines. 

Attachment: Service List 

Page 2 of 2 
Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. William Vines 

Complainant's Counsel 

Federal Aviation Administration 

Office ofthe Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

ONE COPY 

Paz Aviation Inc. 

Respondent 

Docket No. FAA-2014-0807 

(Civil Penalty Action) 

Mr. David M. McDonald 

Respondent's Counsel 

McDonald & McDonald 

Attorneys at Law 

c/o Jay Allen, President 

7455 W 2nd Court 

P.O. Box 669122 

Miami, FL 33166-9428 

TEL: 305-643-5313 

FAX: 305-643-4990 

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. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Hialeah, FL 33014-4301 

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.