## SERVED AUGUST 6, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) DocketNo. FAA-2012-0472 HELOAIR INC., Case No. 2011-EA-210081 Respondent 

## l**,~llG** 

## ---8 1: Ig

ORDERFORRESPONDENT TO SHOW

### CAUSE WHY THE 

### FAA'S

MOTION FORPOSTPONEMENT 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 setthe Rule 16 Litigation Scheduling Conference on September 18, 2012.

OnJuly 31, 2012 the Respondent Heloair, Inc., represented

### pro se byits President, Mr. Whit Baldwin, filed a one page letter stating that the Respondent was in theprocess ofhiring counsel. There was no Certificate ofService attached to this letter. OnAugust 2, 2012 the Office ofHearings (

### 0H) clerical staffforwarded courtesy copies ofthe Respondent's July 31, 2012 one page letter to both the Federal Aviation Administration (FAA) and the U.S. Department ofTransportation (DOT) Hearing Docket. '•

OnAugust 2, 2012 the FAA attorney called both Mr. Baldwin and the OH clerical staffby**telephon~** conference. During this informal teleconference, the.FAA asked the Respondentto agree to a briefpostponement ofthe September 18, 20 12 Rule 16 Litigatiop Scheduling Conference. The FAAmade this request pursuantto**tl1,~directives** contained in the July 13, 2ih2 Order (paragraph 3). Duringthis telephone-'conference call, Mr. Baldwin advised the FAA and the OH clerical st;iffthathewould not agree to · anything until he retained an attorney. Laterthat same day, the OH attorney staffadvised the FAA attorneythat ifhe wished to pursue a postponement ofthe 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 FAAfiled a Motion for Postponement ofRule 16 Litigation Scheduling Conference, citingreligious observance as grounds. In its Motion, the FAA recommended that the Rule 16 Conference be continued one day, to September 19,2012.

Afterhaving read pleadings,**~otion,** all applicable case law, statutes, regulations and court rules, and being fully advised;
Page 1 of2It 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. ., Attachment: Service List Page2of2**~** "**.~** /' "**~**

### SERVICE LIST- BY U.S. MAIL

ORIGINAL & 

### ONE COPY

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-·Suite2W1000 1

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 1Ayiation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699

The Honorable J.E. Sullivan,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS NO. FAA-2012-0472 (Civil Penalty Action}



# ..

1For service in person orbyexpedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430. ·