U.S. DEPARTMENT OF TRANSPORTATION J OFFICE OF HEARINGS 

### l; WASHINGTON, DC

FEDERAL AVIATION ADMINISTRATION, } Complainant, } }
v. } } FISHER SCIENTIFIC COMPANY, LLC, } Respondent. } IntheMatter ofFisher Scientific Company, LLC DocketNo. FAA-2015-1321 (Civil Penalty Action) Judge Rawald

NOTICE OF WITHDRAWAL OF RESPONDENT'S MOTIONS TO DISMISS COMPLAINT FORINSUFFICENCY AND FORVIOLATION OF RULE 208

WHEREAS on June 23, 2015, Respondent filed a Motion to Dismiss the Complaint in the above-captioned civil penalty proceeding for Insufficiency, as provided in Rule 218(f)(l) ofthe FAARu1es ofPractice; and

WHEREAS Respondentbelieves that Complainant Southern Regional Counsel has constructively withdrawn such Complaint; and

WHEREAS on June 23,2015, Respondent filed a Motion to Dismiss the Complaint as out-oftime underthe two-year statute oflimitations established in Rule 208 ofthe Rules and applicable statutes; and

WHEREAS Respondentbelieves thatthe five-year statute oflimitations established by 28 U.S.C. Sec. 2462, which prohibits the entertainment ofcivil penalty proceeding more than five years after the accrual ofany basis for such a proceeding, has lapsed on the subject incident, which allegedly occurred on July 20, 2011; and

WHEREAS Respondenthas concluded thatboth motions have been overtaken and rendered unnecessary inthe 16 months since they were filed by events described above that have transpired in the most recent few weeks; andRespondent'sNotice ofW'Iihdrawalof Certain Motions to Dismiss FiledJune 23, 2015

WHEREAS further public and private resources expended onthe consideration ofthe said motions would accordingly undercut the principles of judicial economy; Respondent THEREFORE IMMEDIATELY WITHDRAWS the said motions and requests thatthe matterproceed to a final resolution, after consideration ofother pending motions to dismiss or appeals, a hearing on the merits, orotherwise onthe earliest convenient date.

Dated: October 5, 2016 amieson Ave., Suite 1212 Alexandria, VA 22314 (email)

**ic:_e>J<:!ilipotomac~tmts;gy_<g;fiS><,:iates.<;o!11_** (tel) 703-757-5866 Counsel for Thermo Fisher Scientific, Inc., and Fisher Scientific Co., LLC

2Respondent's Notice ofWithdrawal of Certain Motions to Dismiss FiledJune23, 2015

CERTIFICATE OF SERVICE

On October 5, 2016, theundersigned sentby the indicated type(s) ofservice at least one copy of the foregoing Motion to each ofthe persons listed below.

D [One Copy by U.S. Certified Mail] The Hon. Douglas M. Rawald Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (E11-310) Washington, DC 20590

D [Original +One Copy by Hand] Hearing Docket Clerk, AGC-430 Federal Aviation Administration WilburWright Bldg., Suite 2W1000 600 Independence Ave., S.W. Washington, DC 20591

0 [One Copy by Air Courier] Andrea Michelle Harper, Esq. Senior Attorney Regional Counsel, AS0-7 U.S. Department ofTransportation

Federal Aviation Administration Southern Region 1701 Columbia Ave. College Park, GA 30337 

### 0 [One Copy by air courier] The Hon. Douglas M. Rawald Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (E11-310) Washington, DC 20590

0 [Original + One Copy by Air Courier] Federal Aviation Administration 800 Independence Ave., S.W. Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000

D [One Copy by U.S Mail] Andrea Michelle Harper, Esq. Senior Attorney Office ofthe ChiefCounsel EnforcementDivision, Southern Team U.S. Department ofTransportation Federal Aviation Administration Southern Region P.O. Box 20636 Atlanta, GA 30320

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