## SERVED: October 1, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) Docket No. FAA-2015-0637 JET MIDWEST TECHNIK, INC. Case No. 2014CE050039 Respondent



### ORDERMODIFYING AND LIFTING STAY OF THE PROCEEDINGS NUNCPRO TUNC

### TO JULY 21, 2015 On May 11, 2015, the parties filed a Joint Motion to Stay Proceedings. On May 28, 2015 a Notice ofAssignment was filed, assigning the case to Judge Richard C. Goodwin. On June 15, 2015 Judge Goodwin issued a Procedural Order. On June 23, 2015 the Respondent filed both Respondent's Answer and Affirmative Defenses, and Respondent's Motion for Decision Seeking Partial Dismissal with Prejudice. On June 24, 2015the Respondent filed Respondent's Amendment to Answer. On July 9, 2015 Judge Goodwin issued an Order Staying Proceedings until December 4, 2015. OnJuly 21,2015 the FAA filed an Amended Complaint. OnJuly 30, 2015 the Respondent filed both Respondent's Answer to Amended Complaint and Affirmative Defenses, and Respondent's Motion for Partial Dismissal with Prejudice. On August 4, 2015 the FAA filed Complainant's Response in Oppositionto Respondent's Motion for Partial Dismissal.OnAugust 26, 2015 a newNotice ofAssignment was filed, reassigning this case to the undersigned. 

### BriefDiscussion As noted above, onJuly 9, 2015, Judge Goodwin issued an Order Staying Proceedings until December 4, 2015. However, the parties began filing new materials inthe action onJuly 21, 2015. Itis well-establishedthat a stay ofproceedings may be lifted when the circumstances justifying the stay have changed, orthe parties' conduct evinces a desire to move forward with the litigation. 

### See generally, 1A C.J.S.

### Actions§ 325 (2015). Inthe case herein, the parties have indicated their desire to move forward withthe litigation by the filing ofvarious pleadings and motions, beginning onJuly 21, 2015. Although the parties did not move to lift the stay, their conduct indicates that continuing the stay until December4, 2015 as originally ordered is not necessary. Therefore, to avoid filing .duplicate pleadings and motions, the stay ofthe proceedings should be modified and lifted, 

### nuncpro tunc, to the date the parties beganto again file pleadings and motions inthis case. Pursuant to 14 C.F.R. 

### § 13.205(a)(6), and afterreviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being fully advised; 

### IT IS HEREBY ORDERED: 1. Based onthe conduct ofthe parties, the July 9, 2015 Order Staying Proceedings until December4, 2015 is modified, and the stay ofthe proceedings is lifted 

### nuncpro tunc to July 21, 2015. 2. A separate order will issue shortly on the Respondent's July 30, 2015 Motion for Partial Dismissal with Prejudice.

Attachment: Service List

Page 2 of2DocketNo. FAA-2015-0637 (Civil Penalty Action) 

### 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 WilburWright Building-Suite2W10001 ONE COPY Mr. Mark G. Camacho 

### Complainant's Counsel Federal Aviation Administration Office ofRegional Counsel 901 Locust Street, Room 506 Kansas City, MO 64106-2641 TEL: 816-329-3765 FAX: 816-329-3771 Mr. Gregory S. Winton 

### Respondent's Counsel The Aviation LawFirm, 1997 Annapolis Exchange Parkway Suite 300 Annapolis, MD 21401 TEL: 301-294-8550 FAX: 301-294-2525 Judge J.E. Sullivan 

### U.S. AdministrativeLawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. Patrick Kraus, President Jet Midwest Technik, Inc. 

### Respondent 9200NW 112th Street Kansas City, MO 64153

1 Service wasbyU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.