In The Matter Of: 

### SERVED: NOVEMBER 14, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo;FAA-2011-1005 COASTAL AIR TRANSPORT, INC

.. ) ) ) ) ) ) CaseNo. 1010-S0-700037 Respondent**~~** 7 _L'.,i f.,

ORDER GRANTING FAA'SMOTIONFORCONTINUANCE AND GRANTING/DENYINGOTHERRELIEF 

### l Lt

On October 23, 2012 the parties appeared by telephone for oral argument onthe FAA's Motion for Hearing on Sanction Only. After discussion withthe parties, and after consideration ofthe parties' calendars, the oral argument was continuedto November 19, 2012 at 1:30pm. That same day, on October 23,2012, an Order Granting BriefContinuance ofOral Argument and Granting/Denying other Reliefwas filed. This Order codified inwritingthe October 23, 2012 oral rulings. OnNovember 6, 2012 the FAA filed the Agency's Supplemental Filing in Support oflts Motion for Hearing on Sanction Only. OnNovemberS, 2012 the Respondent filed the Respondents [sic] Response to FAA· motion for Hearing on Sanction Only. OnFriday, November 9, 2012 the FAA filed the Complainant's Motion for Continuance ofOral Argument. In this Motion the FAA attorney asserted she was having surgery on Monday, November 12, 2012, and wouldnotbe available for any proceedings from Monday, November 12, 2012 through Friday, November 23,2012. The FAA attorney did not explain why this calendar conflicthad not been proffered during the October 23, 2012 Motion Conference.

' 

### . The FAA attorney had not contacted the Respondent to advise it ofthe conflict, to determine if there would be any objectionto the motion, orto discuss mutuallyagreeable alternate dates to Page 1 of3offerto the administrative cqurt. The FAA attorney also did not provide the name ofany

. individual. atthe FAAwho would be available to help answer questions about the FAA Motion

for Continuance, orhelp calendar an alternate date should the Respondent agree to the relief requested. On. Monday, November 12, 2012, the Office ofHearings (OH) was closed because ofthe federal holiday (Veteran's Day). OnTuesday morning, November 13, 2012, the OHattorney stafftelephoned the FAA Office ofRegional Counsel for the Southern Region, and asked to speak with anyone who couldhelp withthe FAAattorney's cases in her absence. The OH attorney spoke with Ms. Stanley, the legal assistant for the FAA attorney. :tyis. Stanley did not have access to the FAA attorney's calendar, could not assist with calendaring, and did not know ofanyone at the FAA who could help with the FAA attorney's cases inher absence. That same morning, onNovember 13, 2012, the OH attorneytelephonedthe Respondent to determine ifit had any objection to the FAA's Motion for Continuance. The Respondent had not yetreceived a copy ofthe FAA'sNovember 9, 2012 Motion for Continuance, and was unaware ofthe FAA'srequest. The OH attorney orally advised the Respondent ofthe basis of the FAA's Motion for Continuance, and the Respondent had no objection. The Respondent also provided multiple dates ofavailability, afterNovember 23, 2012, for rescheduling the oral argument. In the afternoon ofTuesday, November 13, 2012, the OH attorney ·re-telephoned boththe FAA and the Respondent to give them oral notice that the FAA'sMotion for Continuance was granted. The oral argument was continued from Monday, November 

### l9, 2012 to Thursday, December 6, 2012 at 1:30pm. The parties were advised thatthey would also receive a written Order ofContinuance in the mail. When the OH attorney contacted the FAA, he was told that attorney "Randy Hyman" was the FAAattorney's supervisor, and was handling the FAA attorney's cases in her absence. The OH attorney asked to speak with Ms. Hyman, who was not available. The. OH attorney then left a detailed message for Ms. Hyman on hervoice mail message machineregarding the continuance and the new oral argument date, as well as his OH contactinformation ifMs. Hyman had any questions. When the OH attorney contacted the Respondent, he asked the**~espondent** for a current fax number. The Respondent stated that his current fax number was the same as his telephone number ofrecord. However, the Respondent Page 2 of3·• was in the process ofsetting up a newfax machine, and asked not to receive faxes until his new fax system was operational (date unspecified). 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. .Pursuant to 14 C.F.R. § 13.205, 14 C.F.R. § 13.213, 14 C.F.R. § 13.218, and Civ. R. 56, the FAA's Motion for Continuance ofOral Argument is granted

.

.2. The Telephone Motion Conference for Oral Argument onthe FAA's Motion for Hearing on Sanction Only, currently scheduled for Monday, November 19., 2012 at**1:30pm~** is continued to Thursday, December 6, 2012 at 1:30pm. All parties shall re-convene by telephone on Thursday, December 6, 2012 at 1:30pmto present oral argument. 3. If, upon return to the office, the FAA attorney has an unavoidable conflict withthe newly scheduled Telephone Motion Conference for Oral Argument set in paragraph 2 

### supra, and wishes to modifythe date/time qfthe scheduled Conference, the FAA shall first confer with the Respondent about mutually agreeable alternate dates, and then the FAA

.shall contact Attorney-Advisor Mr. Cody 

### L. Smith at the Office ofHearings (202-366-. 6941) as Soon as possible, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. 4. The Respondent should make itselfavailable for litigation communicationby fax, especially given the delay the Respondenthas reported experiencing in receiving U.S. mailings. The Respondent shall notify boththe Office ofHearings and the FAA attorney ofits new fax number as soon as its' newfax system is operational. Until that notification occurs, however, the Respondent's fax nuinber ofrecord is the same number as his telephone number ofrecord: i.e.,**340~773-6862.** ·

Attachment: Service List

Page 3 of3FDMS "No. FAA-2011-1005 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL and FAX ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-. Suite 2Wl0001

Mr. George Logan, Agent for Service Coastal Air Transport, Inc., 

### Respondent 1131 King Street, Suite 204 Christiansted, St. Croix, VI 00820-4971 

### ONE COPY

Mr. Michael Foster, President- by mail & fa.X Coastal Air Transport, Inc., 

### Respondent P.O. Box 3985 Christiansted, St. Croix, VI 00822 TEL & FAX: 340-773-6862 Ms. Rashawn Rich George, 

### Complainant's Counsel- by mail & fax Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta GA 30320 TEL: 404-305-.5200 FAX: 404-305-5223 The Honorable J.E. Sullivan U. S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1 Service was by U.S.**M~il.** For service in person orby 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, AGG-430.