SERVED AUGUST 6, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2012-0472 

HELOAIR INC., 

Case No. 2011-EA-210081 

Respondent 

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ORDER FOR RESPONDENT TO SHOW CAUSE WHY THE FAA'S 

MOTION FOR POSTPONEMENT SHOULD NOT BE GRANTED 

On July 13, 2012 an Order Setting Rule 16 Litigation Scheduling Conference, and 

Directing Rule 26(1:) Planning and Submission was filed. Among other things, this Order 

set the Rule 16 Litigation Scheduling Conference on September 18, 2012. 

On July 31, 2012 the Respondent Heloair, Inc., represented pro se by its 

President, Mr. Whit Baldwin, filed a one page letter stating that the Respondent was in 

the process of hiring counsel. There was no Certificate of Service attached to this letter. 

On August 2, 2012 the Office of Hearings ( 0 H) clerical staff forwarded courtesy copies 

of the Respondent's July 31, 2012 one page letter to both the Federal Aviation 

Administration (FAA) and the U.S. Department of Transportation (DOT) Hearing 

Docket. '• 

On August 2, 2012 the FAA attorney called both Mr. Baldwin and the OH clerical 

staffby telephon~ conference. During this informal teleconference, the. FAA asked the 

Respondent to agree to a brief postponement of the September 18, 20 12 Rule 16 

Litigatiop Scheduling Conference. The FAA made this request pursuant to tl1,~directives 

contained in the July 13, 2ih2 Order (paragraph 3). During this telephone-'conference 

call, Mr. Baldwin advised the FAA and the OH clerical st;iffthat he would not agree to · 

anything until he retained an attorney. Later that same day, the OH attorney staff advised 

the FAA attorney that if he wished to pursue a postponement of the September 18, 2012 

Rule 16 Litigation Scheduling Conference without the Respondent's agreement, the FAA 

would need to file a written Motion for Continuance. 

On August 3, 2012 the FAA filed a Motion for Postponement of Rule 16 

Litigation Scheduling Conference, citing religious observance as grounds. In its Motion, 

the FAA recommended that the Rule 16 Conference be continued one day, to September 

19,2012. 

After having read pleadings, ~otion, all applicable case law, statutes, regulations 

and court rules, and being fully advised; 

Page 1 of2 
It Is Hereby Ordered: 

1. On or before August 20, 2012, the Respondent shall file a written Response to 

the August 3, 2012 FAA Motion for Postponement of Rule 16 Litigation 

Scheduling Conference. In its Response, the Respondent shall state whether it 

agrees or objects to the Motion. If the Respondent agrees to the one day 

continuance, it shall specify if there is any time on September 19, 2012 that it is 

not available for the conference .. If the Respondent objects to the one day 

co:p.tinuance, the Respondent shall specifically identify the factual and legal 

grounds for objection. · 

2. The Respondent shall serve his written Response to the FAA's August 3, 2012 

Motion for Postponement both by fax submission and by U.S. mail to all the 

parties listed in the attached Service List herein. The fax number to·the Office of 

Hearings is (202) 366-7536. 

3. If the Respondent fails to file a written Response· to the FAA's August 3, 2012 

Motion for Postponement the Respondent will be deemed to have waived any 

objection. 

4. Ruling on the FAA's August 3, 2012 Motion for Postponement is reserved until 

August 21, 2012. 

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Attachment: Service List 

Page2of2 

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SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building-·Suite 2W1 0001 

Whit Baldwin, President 

Heloair, Inc., Respondent 

5721 Gulfstream Road 

Richmond, VA 23250 

TEL: 804-226-3400 

FAX: 804-226-3494 

ONE COPY 

Zachery.M. Berman, Complainant's Counsel 

Office ofthe Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Ayiation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, 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: 202-366-2132 

FAX: 202-366-7536 

FDMS NO. FAA-2012-0472 

(Civil Penalty Action} 

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1 

For service in person or by expedited courier, use the following address: Federal Aviation Administration, 

600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: 

Hearing Docket Clerk, AGC-430. ·