## SERVED NOVEMBER 6, 2012 ·:**,r~/\HHAFNT** 

## OF

# U.S~ DEPARTMENT OF

# TRANSPORTATION'**_;,r·\;:~t;?r~b~:r/lr:fQ~~!,('** OFFICE OF HEARINGS , ,,,,,_, ...J 

## ,_Rn,**k.~:**

## ,:,) WASHINGTON, DC 

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## g: 29

In The Matter Of: ) ) ) ) ) Docket No. FAA-2012-0781 BRAILLE BATTERY, INC. Respondent Case No. 2011 SO 700298

ORDERACCEPTING RESPONDENT'S ANSWERAND GRANTING/DENYING OTHERRELIEF

·OnNovember 1, 2012, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference. During this Rule 16 Conference the parties agreed that theRespondent had filed a timely Answer to the FAA's July 10, 2012 Complaint. The FAA also stipulated that it had notopposed either ofthe Respondent'spreviously filed motions, and consideredthe Respondent's Answer timely filed. The administrative court noted thatthe Office ofHearings (OH) had never received the Respondent's motions or Answer, and orallydirected the Respondent to file a courtesy copy ofits Answer by fax with the Office ofHearings no later than the close ofbusiness that day.
As oftheclose ofthe business day on November 1, 2012, the Respondent had not faxed a courtesy copy ofits Answer to the OH.
OnNovember 2, 2012, an Order Setting LitigationDates and Procedures was filed. Among otherthings, this Order codified the court's November 1, 2012 oral ruling directing the Respondent to fax a copy ofits Answer to the OH by November 1, 2012.
Later that same day, on November 2, 2012, the OH attorney staffconducted research on the public FDMS (Federal Docket Management System) website, and found that the Respondent had previously filed with the FAA and/or the FAA Hearing Docket the following documents: (1) August 8, 2012 Unopposed Motion for Extension ofTime to File Responsive Pleading, (2) October 19,2012Motion for Extension ofTime to File Responsive Pleading, and (3) Octqber 19, 2012 Answer. The Respondent had not, however, ever filed any ofthese documents with the Office ofHearings. The OHattorney staffdownloaded copies ofthe Respondent's motions and Answerand made copies ofthe same for the OH litigation file.

. On November 5, 2012, OH attorney staffcontacted the Respondent by telephone, since the Respondent still had not faxed its Answer to the OH pursuant to the court's November 1, 2012 directive. The Respondent's staffadvised the OH attorney that it had nqt been aware that it ·needed to file all ,documents directly with the OH (as opposed tojustfilirlg with the FAA Hearing Docket). During this telephone contact, the Respondent's attorney stated that, based on the parties' discussion at the November l, 2012Rule 16 Conference, the Respondent's August 8, 2012 and October 19, 2012 Motions did notrequire any administrative court action. Having reviewed the case file, all pleadings and motions, all relevant**~aselaw,** statutes, regulations, rules, and authority, and being fully.advised;


### It

### Is Hereby Ordered:
1. Pursuant to 14 C.F.R. 

### § 13.205(a)(8), the Respondent's Augusi8, 2012 Un'opposed Motion for Extension ofTime to File Responsive Pleading and its October 

### l9, 2012 Motion for Extension ofTime to File Responsive Pleading are

### d~ed moot. \ 2. Pursuantto 14 C.F.R. § 13.205 and 14 C.F.R. § 13.209, and**ba~ed** oh the stipulation of the parties, the Respondent's October 19, 2012 Answer is accepted as timely filed.

. \ '

\ \

... 3. Pursuantto 14 C.F.R. § 13.211 and the July 26, 2012 Notice ofAssignmeni'of · Proceeding previously filed herein, the Respondent shall file all

### fu~re pleadings and other communications regarding this proceeding (excluding discover): documents) with this administrative court atthe Office ofHearings (OH). The OH filing address is specifically included in the attached certificate ofservice. ·

Attachment: Service List

Page 2 of 2SERVICE 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 2W1000 1

Charles Fletcher, Respondent's Counsel Gray-Robinson, P.A. 201 N. Franklin St., Suite 2200 Tampa, FL33602 TEL: 813-273-5000 FAX: 813-273-5145
GeraldA. Ellis, Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region ·Federal AviationAdministration

P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Judge J. E. Sullivan U.S. Department ofTransportation Office ofHearings, M-20/Room E11-310 1200 NewJersey Avenue, S.E. Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 ONE COPY FDMS No. FAA-2012-0781 (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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.