,;: 

·, 

In The Matter Of: 

SERVED: APRIL 13, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC ~,,- . ;-:·, I ' 

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Docket No. FAA-2014-0807 

PAZ AVIATION, INC. 

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Case No. 2011S0190272 

Respondent 

ORDER CONTINUING THE MOTION CONFERENCE AND DIRECTING 

ADDITIONAL DISCUSSION BASED ON PROVIDED MATERIALS 

On March 6, 2015, an Order Accepting WithdrawalofRespondent's Motion to Dismiss, 

Reconfirming Other Deadlines, and Providing Direction to the Parties was filed. Among other 

things, this Order reconfirmed that the parties would convene by telephone on April 9, 2015 for a 

Motion Conference ( 1 O:OOam-11 :OOam). 

On April 8, 2015 there were massive electrical power outages in the District of Columbia 

downtown area, resulting in loss of telephone and computer access. Although power was 

restored, when the parties tried to convene on April 9, 2015 for a Motion Conference, they 

encountered problems with the Court's telephone conference line. As a result, the Respondent 

ultimately joined the Motion Conference via a separate mobile telephone line. Due to the amount 

of time it took to set up the separate mobile telephone line and the poor quality of that line, the 

parties did not present their oral arguments on the Respondent's Motion to Dismiss. Instead, the 

parties discussed their availability for a Continued Motion Conference, and the Court provided 

the parties with some additional-legal materials to consider prior to convening for second Motion 

Conference. 

Pursuantto 14 C.F.R. § 13.205(a)(l), (6), 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 Motion Conference is continued to April 22, 2015, at 1:30 p.m. Eastern time. The 

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

2) The parties should be prepared to discuss at the next Motion Conference the following • 

materials and what effect, if any, the materials might have on the current arguments that 

have been raised by the parties: 

a) 49 U.S.C. § 46301(d)(7)(C); 

b) 55 Fed. Reg. 27548, 27553-56 (Jul. 3, 1990); 

c) United Parcel Service, Docket No. CP95WP0135, 1995 FAA LEXIS 400 (FAA 

Jul. 26, 1995) (J. Mathias); 

d) Royal Avionics Systems, Inc., FAA Order No. 2002-6, 2002 WL 1042303 (Apr. 

16, 2002); and 

e) High Exposure, Inc., FAA Order No. 2003-7, 2003 WL 22480443 (Sept. 12, 

2003). 

3) The parties will also discuss what, if any, -supplemental materials might be needed if the 

above references provide guidance in addressing issues identified in the Respondent's 

Motion to Dismiss and the FAA's Response to the Motion. 

4. For any questions or clarifications about the procedures contained in this Order, contact 

Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941 ). 

Attaclunent: ServiceList 

Page 2 of 2 
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' I 

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 2WI000 1 

Mr. William Vines 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia A venue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

ONE COPY 

Paz Aviation Inc. 

Respondent 

Docket No. F AA-20 14-0807 

(Civil Penalty Action) 

Mr. David M. McDonald 

Respondent's Counsel 

McDonald & McDonald 

Attorneys at Law 

P.O. Box 669122 

c/o Jay Allen, President 

7455 W 2nd Court 

Hialeah, FL 33014-4301 

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 ofTran~portation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

·• Service was by U.S. Mail. For service in person or by expedited courier, us~ the following address: Federal Aviation 

Administration, 600 Independence Avenue, S. W ., Wilbur Wright Building-Suite 2W I 000, Washington, DC 20591; Attention: 

Hearing Docket Clerk, AGC-430.