U.S. DEPARTMENT OF TRANSPORTATION J 

OFFICE OF HEARINGS l; 

WASHINGTON, DC 

FEDERAL AVIATION ADMINISTRATION, } 

Complainant, } 

} 

v. } 

} 

FISHER SCIENTIFIC COMPANY, LLC, } 

Respondent. } 

In the Matter of Fisher 

Scientific Company, LLC 

Docket No. FAA-2015-1321 

(Civil Penalty Action) 

Judge Rawald 

NOTICE OF WITHDRAWAL OF RESPONDENT'S MOTIONS 

TO DISMISS COMPLAINT FOR INSUFFICENCY AND 

FOR VIOLATION 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) of the 

FAARu1es ofPractice; and 

WHEREAS Respondent believes 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constructively withdrawn such Complaint; and 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 under the two-year statute oflimitations established in Rule 208 of the Rules and applicable 

statutes; and 

WHEREAS Respondent believes that the five-year statute oflimitations established by 28 

U.S.C. Sec. 2462, which prohibits the entertainment of civil penalty proceeding more than five 

years after the accrual of any basis for such a proceeding, has lapsed on the subject incident, 

which allegedly occurred on July 20, 2011; and 

WHEREAS Respondent has concluded that both motions have been overtaken and rendered 

unnecessary in the 16 months since they were filed by events described above that have 

transpired in the most recent few weeks; and 
Respondent's Notice ofW'Iihdrawal of Certain Motions to Dismiss 

Filed June 23, 2015 

WHEREAS further public and private resources expended on the consideration of the said 

motions would accordingly undercut the principles of judicial economy; 

Respondent THEREFORE IMMEDIATELY WITHDRAWS the said motions and requests 

that the matter proceed to a final resolution, after consideration of other pending motions to 

dismiss or appeals, a hearing on the merits, or otherwise on the 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 

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Respondent's Notice of Withdrawal of Certain Motions to Dismiss 

Filed June 23, 2015 

CERTIFICATE OF SERVICE 

On October 5, 2016, the undersigned sent by the indicated type(s) of service at least one copy of 

the foregoing Motion to each of the persons listed below. 

D [One Copy by U.S. Certified Mail] 

The Hon. Douglas M. Rawald 

Office ofHearings, M-20 

U.S. Department of Transportation 

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 

Wilbur Wright Bldg., Suite 2W1 000 

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 of Transportation 

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 of Transportation 

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 of the Chief Counsel 

Enforcement Division, Southern Team 

U.S. Department of Transportation 

Federal Aviation Administration 

Southern Region 

P.O. Box 20636 

Atlanta, GA 30320 

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