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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 ) ) ) ) ) ) DocketNo. FAA-2012-1262
Case No.2011S0190332 

### ··8

ORDERRESERVING RESPONDENT'S MOTION, DIRECTING THEFAA TO FILE A SUPPLEMENTAL STATEMENT, AND GRANTING/DENYING OTHERRELIEF OnJanuary 17, 2013 an Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed. OnFebruary 26, 2013 the FAA filed a Motion for Decision onthe Pleadings or inthe Alternative, Motion for Hearing on Sanction Only. OnMarch 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 onthe Pleadings or inthe Alternative, Motionfor Hearing on Sanction Only; and Motion for Extension ofTime to File Answer. Among otherthings inthe Respondent's Response, the Respondent raised the question ofwhetherthe FAAhad effectuated valid service ofthe original Complaintuponthe corporate Respondent herein by serving it solely uponthe 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 ofTime to File Answer is hereby reserved until after March 22, 2013.2. On or beforeMarch 22, 2013 the FAA shall file a supplemental statement in support ofits Motion for Decision onthe Pleadings or in the Alternative, Motion for Hearing on .Sanction Only. This supplemental statement should specifically address the question ofwhether valid service ofthe 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., StevenBaicker-McKee, et.al, 

### Federal CivilRules Handbook, 233 and 248 (West Publishing, 19th ed. 2012)(''The party attempting service generally bears the burden ofestablishing thatthe service is proper"
...and valid service upon a corporate entity is a "highlyfactually sensitive inquiry").
3. The FAA's Motion for Decision on the Pleadings orin the Alternative, Motion for Hearing on Sanction Only, is hereby reserved until afterMarch 22, 2013.
4. The parties are re-directedto appear for the scheduled Rule 16 Litigation Scheduling Conference, currently set for Tuesday, March 19, 2013 at 11 

### :OOam Eastern time. At the beginning ofthe Conference, the parties

# will discuss the status ofthe case. The parties then may agree to re-set the Conference, in whole orin part, after consultation with the administrative court.
5. Any party with questions about this Order should contact the Office ofHearings and speak with Mr. Cody L. Smith, Attorney Advisor (202-366-6941).

Attachment: Service List

Page 2 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-Suite2W10001

Ms. Andrea Michelle Harper, Esq. Complainant's Counsel Office ofthe 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. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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 orby 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. Page 3 of3