In The Matter Of: 

## SERVED: JANUARY 28, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ·- -: ' .,·-. ._ ...**·~·'** i : ) ) ) ) ) ) DocketNo. FAA-2014-0812 NORTHEASTERN AVIATION CORPORATION Respondent Case No. 2012EA110028

CORRECTED ORDERCONTINUING RULE 16 LITIGATION SCHEDULING CONFERENCE AND SETTING MOTION DEADLINES

OnDecember 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 setthe 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"). OnJanuary 27, 2015, the Respondent filed its Answer and Response to Complaint ("Answer"). 

### BriefDiscussion The FAA is requesting full dispositive reliefbased on its positionthat the Respondent's answer to the Complaint was due November 28, 2014, and, at least at the time ofthe Motion, the Respondent had not filed an answer. (Motion, 1-2.) The FAA asserts thatthe Complaint was served onthe Respondent's general manager on October 24, 2014, butbecause ofa possible oversight, the FAA "may not have initially served counsel for Complainant [sic] with the Complaint." (Motion, 1.) The FAAargues that even ifthe Respondent's counsel was not properly served, he was put onnotice ofthe 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 ofthe Complaint out ofcourtesy" 

### (!d. at 2).The Respondent's Answer does not address the FAA's Motion. Anuntimely answer cannotbe accepted without a showing ofgood cause. 14 C.F.R. § 13.209(f); 

### see, e.g., Larry's Flying Service, FAA OrderNo. 98-4 at 2-3 (Mar. 12, 1998); 

### BaerAir, Inc., DocketNo. FAA2014-0112 (July 2, 2014 Order Finding Respondent Filed a Timely Request for Hearing and Denying FAA's Motionto Dismiss). Thus, the Respondent still needs to file a response to the FAA's Motion and address the fact question ofwhenthe Complaint was served, whenthe Answer was due, and, ifthe Answer was untimely filed, whether good cause exists for the untimely filing. Once this matter has beenfully briefed bythe parties and ruled uponby the Court, thenthe parties may resume a scheduling/discovery litigationplan (ifstill applicable). Pursuantto 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 ajoint, proposed scheduling/discovery plan is continuedto March 31, 2015. 3. The Rule 16 Litigation Scheduling Conference setfor February 10, 2015, at 10:00 a.m. Easterntime, is continuedto 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: Onorbefore February 13, 2015, the Respondent shall file a Response to the FAA's Motion for Decision. 5. February 27,2015 Reply Deadline: On orbefore February 27,2015, the FAA may file a Reply. 6. Clarification or Questions: For clarifications ofthis order or questions withregardto the procedures to be followed inthis case, please contactMr. Cody L. Smith, AttorneyAdvisor, at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of 2SERVICE LIST- BY 

### U.S. MAIL ORIGINAL & ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 1

Mr. 

### Zachary M. Berman 

### Complainant's Counsel ONE COPY



### Office ofRegional Counsel, Eastern Region Federal AviationAdministration 1Aviation 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 12thFloor 1717 Pennsylvania Avenue, N.W. Washington, DC 20006 TEL: 202-659-6619 Judge J.E. Sullivan 

### US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0812 (Civil Penalty Action)

1 Service was byU.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.