SERVED DECEMBER 20, 2011 

OEFy\RTM£NT OF 

U.S. DEPARTMENTOF TRANSPORTATION. inANSFORTATlON 

OFFICE OF HEARINGS -OiJKbl OPERATIONS 

WASHINGTON, DC 

?0n DEC 23 A S:52 

In the Matter of: ) 

) Docket No. FAA-CPlOSOOOOl 

CLOUD DANCER AVIATION ) (FAA Civil Penalty Proceeding) 

AND FLYING CLUBJNC. ) 

) FDMSNo. FAA-2010-0192 

Respondent ) 

ORDER DENYING RESPONDENT'S MOTION TO 

DISMISS, GRANTING MOTION TO COMPEL AND SETTING DEPOSITIONS, 

AND GRANTING/DENYING OTHER RELIEF 

On December 2, 2011 an Order Denying Respondent's Motion to Strike and/or 

Dismiss, and Granting Other Relief was filed. 

On December 9, 2011 the Respondent filed a Renewed Motion to Compel For 

[sic] Discovery. Included in this Motion were Motions for Sanctions and Dismissal. 

On December 16, 201 I the FAA filed the Claimant's Response to Respondent's 

Motion to Compel. 

On December 20, 2011 the parties appeared for a Telephone Motion Conference. 

Multiple oral rnlings were issued. This Order codifies the oral rulings. 

If Is Hereby Ordered: 

1. The Respondent's Motion to Dismiss is denied for failure to allege sufficient 

facts in support of Dismissal and for failing to provide any legal authority in 

support of the request. 

2. The Respondent's Renewed Motion to Compel Discovery is granted. 

3. The FAA shall make all four FAA inspectors available for deposition on 

January 4, 2012 in Orlando, FLA. The depositions will begin at 10:00am EST. 

The Respondent will notify the FAA, prior to January 4, 2012, the order in 

which it wishes to take the four witnesses' depositions. 

4. The Respondent's Motion for Sanctions is denied. 

Page I of2 
5. The January 13. 2012 deadline for the parties' evidentiary exchange is hereby 

reconfirmed. 

6. The January 31, 2012 - February 1, 2U12 hearing dales in Orlando, FLA arc 

hereby reconfimied. A separate Order will be filed giving notice of the place 

of the hearing. 

7. Any agreements reached by the parties prior lo the hearing should be filed 

with the Office of Hearings as soon as possible, so that the costs of litigation 

can be reduced accordingly. 

S/illivan 

iistrative Law Judge 

Attachment: Service List 
FAA Docket No. CPIOSOOOO 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 2059! 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2 W1OOO' 

ONE COPY 

Dennis R. Haber, Respondent's Counsel 

Dennis R. Haber, P.A. 

8925 S.W. 148 Street, Suite 200 

Miami, FL 33176 

TEL: 305-256-3002 

FAX: 305-256-3004 

Andrea Michelle Harper, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, Georgia 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 

2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.