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SERVED: March 7, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

In The Matter Of: 

AERIAL CROP 

PROTECTION, INC. 

Respondent 

. WASHINGTON, DC 

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Docket No. FAA-2012-1262 

Case No. 2011S0190332 

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ORDER RESERVING RESPONDENT'S MOTION, DIRECTING THE FAA 

TO FILE A SUPPLEMENTAL STATEMENT, AND 

GRANTING/DENYING OTHER RELIEF 

On January 17, 2013 an Order Setting Rule 16 Litigation Scheduling Conference, and 

Directing Rule 26(f) Planning and Submission was filed. 

On February 26, 2013 the FAA filed a Motion for Decision on the Pleadings or in the 

Alternative, Motion for Hearing on Sanction Only. 

On March 1, 2013 the Respondent filed an Answer and Affirmative Defenses. That same 

day, on March 1, 2013, the Respondent filed a Response to Motion for Decision on the Pleadings 

or in the Alternative, Motion for Hearing on Sanction Only; and Motion for Extension of Time to 

File Answer. Among other things in the Respondent's Response, the Respondent raised the 

question of whether the FAA had effectuated valid service of the original Complaint upon the 

corporate Respondent herein by serving it solely upon the Respondent's counsel, Mr. Preston J. 

Fields, Sr. 

Pursuant to 14 C.P.R. §13.205(a), 14 C.P.R. §13.204, 14 C.P.R. §13.208(b), and Fed. R. 

Civ. P. 4 and 5, and after reviewing all pleadings and documents, as well as all relevant caselaw, 

decisions, regulation, statutory authority, and being fully advised; 

It Is Hereby Ordered: 

1. The Respondent's Motion for Extension of Time to File Answer is hereby 

reserved until after March 22, 2013. 
2. On or before March 22, 2013 the FAA shall file a supplemental statement in 

support of its Motion for Decision on the Pleadings or in the Alternative, Motion for Hearing on 

.Sanction Only. This supplemental statement should specifically address the question of whether 

valid service of the original Complaint upon the corporate Respondent has been effectuated, 

pursuant to 14 C.F.R. §13.208(b), and Fed. R. Civ. P. 4 and 5. See, e.g., Steven Baicker-McKee, 

et.al, Federal Civil Rules Handbook, 233 and 248 (West Publishing, 19th ed. 2012)(''The party 

attempting service generally bears the burden of establishing that the service is proper" ... and 

valid service upon a corporate entity is a "highly factually sensitive inquiry"). 

3. The FAA's Motion for Decision on the Pleadings or in the Alternative, Motion for 

Hearing on Sanction Only, is hereby reserved until after March 22, 2013. 

4. The parties are re-directed to appear for the scheduled Rule 16 Litigation 

Scheduling Conference, currently set for Tuesday, March 19, 2013 at 11 :OOam Eastern time. At 

the beginning of the Conference, the parties will discuss the status of the case. The parties then 

may agree to re-set the Conference, in whole or in part, after consultation with the administrative 

court. 

5. Any party with questions about this Order should contact the Office of Hearings 

and speak with Mr. Cody L. Smith, Attorney Advisor (202-366-6941). 

Attachment: Service List 

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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 2W1 0001 

Ms. Andrea Michelle Harper, Esq. 

Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 561-799-9910 

FAX: 404-305-5223 

Mr. Preston J. Fields, Sr.,Esq. 

Respondent's Counsel 

Preston J. Fields, P.A. 

11211 Prosperity Farms Rd., Ste. C-301 

Palm Beach, FL 33410 

TEL: 561-799-9910 

FAX: 561-799-0388 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 · 

TEL: 202-366-2132 

FAX: 202-366-7536 

ONE COPY 

FDMS No. FAA-2012-1262 

(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 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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