### SERVED: MARCH 6, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) DocketNo. FAA-2014-0807 PAZ AVIATION, INC. Respondent Case No. 2011S0190272

ORDERACCEPTING WITHDRAWAL OF RESPONDENT'S MOTION TO DISMISS, RECONFIRMING OTHERDEADLINES, 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 ofLawin support ofits Motion to Dismiss. OnFebruary 18,2015,the FAA filed its Response to Respondent's Motion to Dismiss "(Response"). The Certificate ofService attached to the Response showed a mailing date to the Respondent ofFebruary 10,2015. On February 19,2015,the Respondent filed a second Motion to Dismiss ("Second Motion"). This SecondMotionrequested dismissal ofthe proceeding onthe grounds thatthe FAA failed to timely file a Responsive Briefto the Motion to Dismiss, on orbefore 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 assertedthat ithad filed atimely Response. On March4, 2015, the Respondent filed aNotice ofWithdrawing Motion. The Respondent noted thatthe FAAhadused an "incorrect Zip Code number to Respondent's counsel's firm," which apparently delayed service ofthe FAA's Response onthe Respondentuntil February 25, 2015. The Respondent stated that "since it appears [the FAA's Response] was timely filed, Respondent withdraws its Motion to Dismiss." 

### BriefJurisdictional Title 

### Discussion: The Respondent's materials have utilized the followingjurisdictional caption at the top of the first page: "U.S. Department ofTransportation, Office ofHearings, Federal Aviation Administration". This is an error. The Office ofHearings is not a department within the Federal Aviation Administration. The Office ofHearings is an independent adjudication office, located within the U.S. DOT's Office ofthe Secretary in Washington, DC. Thejurisdictionaltitle 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 thejurisdictional title which should be used bybothparties 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, andbeing fully advised; IT IS HEREBY ORDERED: 1. The Respondent's March4, 2015 Notice ofWithdrawing Motion to Dismiss is accepted. 2. The 

### March 13, 2015 deadline for the Respondent to file its Reply (ifany) 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 jurisdictionaltitle for this Court. , 

### 5. Filing with the Court: The deadline date for filing documents withthe Court is the date that the documents are date-stamped received at the Office ofHearings. Parties are encouragedto fax a Judge's working copy oftheir materialsto the Office ofHearings on or before the deadline date to ensure compliance withthe Court's deadlines.

Attachment: Service List Page 2 of2Federal 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-Suite2W1000 1

Mr. William Vines Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 ONE COPY

Paz Aviation Inc. Respondent DocketNo. 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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.