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 tJIZ -1 ;\ g: 29 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2012-0781 

BRAILLE BATTERY, INC. 

Respondent 

Case No. 2011 SO 700298 

ORDER ACCEPTING RESPONDENT'S ANSWER AND 

GRANTING/DENYING OTHER RELIEF 

·On November 1, 2012, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference. During this Rule 16 Conference the parties agreed that the Respondent 

had filed a timely Answer to the FAA's July 10, 2012 Complaint. The FAA also stipulated that it 

had not opposed either of the Respondent's previously filed motions, and considered the 

Respondent's Answer timely filed. The administrative court noted that the Office of Hearings 

(OH) had never received the Respondent's motions or Answer, and orallydirected the 

Respondent to file a courtesy copy of its Answer by fax with the Office of Hearings no later than 

the close of business that day. 

As oftheclose of the business day on November 1, 2012, the Respondent had not faxed a 

courtesy copy of its Answer to the OH. 

On November 2, 2012, an Order Setting Litigation Dates and Procedures was filed. 

Among other things, this Order codified the court's November 1, 2012 oral ruling directing the 

Respondent to fax a copy of its Answer to the OH by November 1, 2012. 

Later that same day, on November 2, 2012, the OH attorney staff conducted 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 of Time to File Responsive Pleading, (2) 

October 19,2012 Motion for Extension of Time to File Responsive Pleading, and (3) Octqber 

19, 2012 Answer. The Respondent had not, however, ever filed any of these documents with the 

Office of Hearings. The OH attorney staff downloaded copies of the Respondent's motions and 

Answer and made copies of the same for the OH litigation file. . 

On November 5, 2012, OH attorney staff contacted 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 staff advised the OH attorney that it had nqt been aware that it · 
needed to file all ,documents directly with the OH (as opposed to just filirlg 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 not require 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 of Time to File Responsive Pleading and its October l9, 2012 

Motion for Extension of Time to File Responsive Pleading are d~ed moot. 

\ 

2. Pursuant to 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. Pursuant to 14 C.F.R. § 13.211 and the July 26, 2012 Notice of Assignmeni'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 at the Office of Hearings (OH). The OH filing address is 

specifically included in the attached certificate of service. · 

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 2W10001 

Charles Fletcher, Respondent's Counsel 

Gray-Robinson, P .A. 

201 N. Franklin St., Suite 2200 

Tampa, FL 33602 

TEL: 813-273-5000 

FAX: 813-273-5145 

Gerald A. Ellis, Complainant's Counsel 

Office of the Regional Counsel, AS0-7 

Southern Region 

·Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Judge J. E. Sullivan 

U.S. Department of Transportation 

Office ofHearings, M-20/Room E11-310 

1200 New Jersey 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.