In The Matter Of: 

ROTOR FIX LLC 

Respondent 

SERVED: February 3, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2015-2445 

Case No. 2013WP910153 

ORDER CANCELLING RULE 16 CONFERENCE NUNC PRO TUNC, 

DENYING RESPONDENT'S MOTION TO WITHHOLD, 

AND DISMISSING THE PROCEEDING 

On August 11, 2015 the FAA filed its Complaint (dated August 11, 2015). That same 

day, the FAA also filed a one page Letter, in which it specified various dates of unavailability 

from August 24, 2015 through November 27, 2015. 

On September 17, 2015 the prose Respondent, Rotor FIX LLC filed an Answer. 

Included in this Answer was an untitled Motion to Withhold, in which the Respondent stated that 

it "would .. .like to file a motion to prevent any documents we file from being made public as 

these contain sensitive and personal information". (Ans. 1.) It was not clear in the Answer 

whether the Respondent sought to withhold its Answer as part of that request. Since the Answer 

was filed prior to the Court receiving and ruling upon the Motion, the Respondent's Answer was 

published by the FAA Hearing Docket. The Answer does not contain information that warrants 

withholding from the public record under 14 C.P.R.§ 13.226. 

On October 16, 2015, an Order Setting A Rule 16 Litigation Scheduling Conference, .and 

Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan was filed. Among 

other things, this Order set a January 19, 2016 deadline for the parties to jointly file a proposed 

Scheduling/Discovery Plan, and directed the parties to appear on January 26,2016 (1:30 p.m.) 

for the Rule 16 Litigation Scheduling Conference. 

On January 19, 2016 the parties failed to file a Scheduling/Discovery Plan. 
On January 22, 2016, the FAA informally contacted the attorney staff at the Office of 

Hearings ("OH") to advise that the parties had reached a settlement. That same day, the FAA 

filed with the Court a one-page letter stating, "The parties in this matter have reached a 

settlement." 1 

From January 22, 2016 (noon) through January 26,2016, all Federal offices in 

Washington, DC, including the OH, were closed due to a blizzard. During this closure, on 

January 25, 2016, the OH attorney staff informally notified the parties via e-mail that the Rule 16 

Scheduling Conference scheduled for January 26, 2016 needed to be cancelled, due to the 

weather-related office closures. Once federal offices reopened, the Court would issue an Order 

in the proceeding. The next day, on January 26,2016 (while federal offices remained closed) the 

OH attorney staff re-contacted the parties informally via e-mail and asked for clarification 

regarding the FAA's Letter notice of settlement. ·The FAA responded via email and provided 

such clarification, which is contained herein. 

Brief Discussion 

The Respondent's Answer was filed with the FAA Hearing Docket prior to the Court 

ruling upon the untitled Motion. Thus, the Respondent's Answer has already been published by 

the FAA Hearing Docket. It should be noted, however, that based on the criteria in 14 C.F .R. § 

13.226, the Respondent's Answer does not contain confidential or sensitive information that 

warrants a withholding from the public record. 

After having reviewed the case file, all pleadings and motions, all relevant caselaw, 

statutes, regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The Rule 16 Litigation Scheduling Conference, set on January 26,2016, at 1:30 p.m. 

Eastern time, is cancelled nunc pro tunc due to blizzard conditions and federal office 

closures in the Washington, DC area. 

1 There was no Certificate of Service attached to this Letter, and no indication within the Letter that the FAA had 

filed it with the FAA Hearing Docket or served it on the opposing party, pursuant to 14 C.F.R. § 13.211. 

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2. Pursuant to 14 C.F.R. § 13.226, the Respondent's untitled Motion to Withhold, to the 

extent it was intended to include the Respondent's Answer from public disclosure; is 

denied. 

3. Pursuant to 14 C.F.R. § 13.215, the FAAhas withdrawn its Complaint because the parties 

have reached a settlement. 

4. Based on the FAA's withdrawal of its Complaint, this proceeding is dismissed with 

prejudice. 

Attachment: Service List 

Page 3 of3 
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 2W1000 

1 

Mr. Robert Spitzer 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave., S.W. 

Renton, W A 98057 

TEL: 425-227-1847 

FAJ(: 425-227-1007 

Mr. Steve Dupont, President 

Rotor FIX LLC 

Respondent 

16209 Victory Blvd #267 

Van Nuys, CA 91406 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAJ(: 202-366-7536 

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.