In The Matter Of: 

SERVED: JANUARY 28, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2014-0812 

NORTHEASTERN 

AVIATION CORPORATION 

Respondent 

Case No. 2012EA110028 

CORRECTED ORDER CONTINUING RULE 16 LITIGATION SCHEDULING 

CONFERENCE AND SETTING MOTION DEADLINES 

On December 8, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order set the 

Rule 16 Litigation Scheduling Conference for February 10, 2015, at 10:00 a.m. 

On January 9, 2015, the FAA filed the Agency's Motion for Decision ("Motion"). 

On January 27, 2015, the Respondent filed its Answer and Response to Complaint 

("Answer"). 

Brief Discussion 

The FAA is requesting full dispositive relief based on its position that the Respondent's 

answer to the Complaint was due November 28, 2014, and, at least at the time of the Motion, the 

Respondent had not filed an answer. (Motion, 1-2.) The FAA asserts that the Complaint was 

served on the Respondent's general manager on October 24, 2014, but because of a possible 

oversight, the FAA "may not have initially served counsel for Complainant [sic] with the 

Complaint." (Motion, 1.) The FAA argues that even if the Respondent's counsel was not 

properly served, he was put on notice of the Complaint by various occurrences between October 

30, 2014, and December 18, 2014 (!d. at 1-2), before the FAA, on an unspecified date, "mailed 

him a copy of the Complaint out of courtesy" (!d. at 2). 
The Respondent's Answer does not address the FAA's Motion. An untimely answer 

cannot be accepted without a showing of good cause. 14 C.F.R. § 13.209(f); see, e.g., Larry's 

Flying Service, FAA Order No. 98-4 at 2-3 (Mar. 12, 1998); Baer Air, Inc., Docket No. FAA2014-0112 (July 2, 2014 Order Finding Respondent Filed a Timely Request for Hearing and 

Denying FAA's Motion to Dismiss). Thus, the Respondent still needs to file a response to the 

FAA's Motion and address the fact question of when the Complaint was served, when the 

Answer was due, and, if the Answer was untimely filed, whether good cause exists for the 

untimely filing. Once this matter has been fully briefed by the parties and ruled upon by the 

Court, then the parties may resume a scheduling/discovery litigation plan (if still applicable). 

Pursuant to 14 C.F.R. §§ 13.205(a)(6) and 13.218, and after reviewing all relevant 

caselaw, regulation, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The FAA's Motion for Decision is reserved. 

2. The February 3, 2015 deadline for the parties file a joint, proposed scheduling/discovery 

plan is continued to March 31, 2015. 

3. The Rule 16 Litigation Scheduling Conference set for February 10, 2015, at 10:00 a.m. 

Eastern time, is continued to April7, 2015, at 1:30 p.m. Eastern time. The parties shall 

access the Conference by dialing 202-493-2343. 

4. February 13,2015 Response Deadline: On or before February 13, 2015, the 

Respondent shall file a Response to the FAA's Motion for Decision. 

5. February 27,2015 Reply Deadline: On or before February 27,2015, the FAA may file 

a Reply. 

6. Clarification or Questions: For clarifications of this order or questions with regard to the 

procedures to be followed in this case, please contact Mr. Cody L. Smith, AttorneyAdvisor, at the Office of Hearings (202-366-6941). 

Attachment: Service List 

Page 2 of 2 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

Mr. Zachary M. Berman 

Complainant's Counsel 

ONE COPY 

Office of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. Edward J. Longosz II 

Respondent's Counsel 

Eckert Seamans Cherin & Mellott, LLC 

12th Floor 

1717 Pennsylvania Avenue, N.W. 

Washington, DC 20006 

TEL: 202-659-6619 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2014-0812 

(Civil Penalty Action) 

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

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC--430.