,;: ·,

In The Matter Of: 

### SERVED: APRIL 13, 2015


### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC**~,,-** .;-:·, I ' L]U ,·.:.·
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DocketNo. FAA-2014-0807 PAZ AVIATION, INC. ) ) ) ) ) Case No. 2011S0190272 Respondent



### ORDER CONTINUING THE MOTION CONFERENCE AND DIRECTING ADDITIONAL DISCUSSION BASED ON PROVIDED MATERIALS
On March 6, 2015, an OrderAccepting WithdrawalofRespondent's Motion to Dismiss, Reconfirming OtherDeadlines, 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 poweroutages in the District ofColumbia downtown area, resulting in loss oftelephone and computer access. Although power was restored, when the parties tried to convene on April 9, 2015 for a Motion Conference, they encountered problems withthe Court'stelephone conference line. As a result, the Respondent ultimatelyjoinedthe Motion Conference via a separate mobile telephone line. Due to the amount oftime it took to set up the separate mobile telephone line and the poorquality ofthat 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 someadditional-legal materialsto consider priorto conveningfor 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 beingfully 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, ifany, 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) 

### UnitedParcelService, Docket No. CP95WP0135, 1995 FAA LEXIS 400 (FAA Jul. 26, 1995) (J. Mathias); d) 

### RoyalAvionicsSystems, Inc., FAA OrderNo. 2002-6, 2002 WL 1042303 (Apr. 16, 2002); and e) 

### High Exposure, Inc., FAA OrderNo. 2003-7, 2003 WL 22480443 (Sept. 12, 2003). 3) The parties will also discuss what, ifany,-supplemental materials might be needed ifthe 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 orclarifications about the procedures contained in this Order, contact Mr. Cody L. Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attaclunent: ServiceList

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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-Suite2WI000 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 Docket No. FAA-2014-0807 (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 LawJudge Office ofHearings, M-20 U.S. Department**ofTran~portation** 1200 NewJersey 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 2WI000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.