SERVED JUNE 23, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

EMPIRE AIRWAYS, 

Respondent 

FAA DOCKET NO. CP10EA0002 

(Civil Penalty Proceeding) 

DMS NO. FAA-2010-0191 

ADMINISTRATIVE LAW JUDGE'S ORDER DISMISSING 

MOTION FOR JUDGMENT ON THE PLEADINGS 

I have this day issued an order dismissing this proceeding and 

cancelling the hearing. The order was issued in accordance with §13.215 of 

the Rules of Practice, which provides that an administrative law judge who 

receives from the counsel for the Complainant a motion to withdraw the 

complaint shall forthwith issue an order dismissing the case. 

Although the motion to withdraw stated that the Federal Aviation 

Administration wanted the dismissal to take place "without prejudice" to its 

right to initiate a civil-penalty case against a third party, I specifically told 

the parties that I could not assure that the dismissal would not prejudice the 

Complainant if, for example, the statute of limitations expired in the interval 

between the dismissal of one case and the institution of another. 

Now the Respondent is heard from. It wants me to issue an order 

specifying that the pleadings make it clear that the Complainant brought this 

case against the wrong party and, hence, that it is entitled to judgment as a 

matter of law. What is clear is that both parties are attempting to position 

themselves so that each will have some sort of fractional advantage in the 

next round of pleadings and counter-pleadings. I decline to play that game 

with them. 
I Having dismissed this proceeding as I was required to do under 

I §13.215 of the Procedural Rules, there is no longer a case before me. That 

% being so, I have no authority either to grant the request of the Complainant 

JI or to sustain the position of the Respondent. They will both have to take 

II their chances on whatever fates the future may bring. 

ll The Respondent's motion for judgment on the pleadings is dismissed 

U for want of jurisdiction oyer it. 

IT IS SO ORDERED. 

Isaac D. Benkin 

Administrative Law Judge 
FAA Docket No. CP10EA0002 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-^30 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Charles J. Casolaro, Respondent's Counsel 

Casolaro Sussman, LLP 

1050 Franklin Avenue, Suite 402 

Garden City, NY 11530 

TEL: 516-248-1399 

FAX: 516-248-2257 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Oflfice of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney 202-366-0437 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use tiie following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC^30.