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 

ORDER MODIFYING AND LIFTING STAY OF THE PROCEEDINGS 

NUNC PRO TUNC TO JULY 21, 2015 

On May 11, 2015, the parties filed a Joint Motion to Stay Proceedings. 

On May 28, 2015 a Notice of Assignment 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. 

On July 21,2015 the FAA filed an Amended Complaint. 

On July 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 Opposition to 

Respondent's Motion for Partial Dismissal. 
On August 26, 2015 a new Notice of Assignment was filed, reassigning this case to the 

undersigned. 

Brief Discussion 

As noted above, on July 9, 2015, Judge Goodwin issued an Order Staying Proceedings 

until December 4, 2015. However, the parties began filing new materials in the action on July 21, 

2015. 

It is well-established that a stay of proceedings may be lifted when the circumstances 

justifying the stay have changed, or the parties' conduct evinces a desire to move forward with 

the litigation. See generally, 1A C.J.S. Actions§ 325 (2015). 

In the case herein, the parties have indicated their desire to move forward with the 

litigation by the filing of various pleadings and motions, beginning on July 21, 2015. Although 

the parties did not move to lift the stay, their conduct indicates that continuing the stay until 

December 4, 2015 as originally ordered is not necessary. Therefore, to avoid filing .duplicate 

pleadings and motions, the stay of the proceedings should be modified and lifted, nunc pro tunc, 

to the date the parties began to again file pleadings and motions in this case. 

Pursuant to 14 C.F.R. § 13.205(a)(6), 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. Based on the conduct of the parties, the July 9, 2015 Order Staying Proceedings until 

December 4, 2015 is modified, and the stay of the proceedings is lifted nunc pro 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 of2 
Docket No. 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 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Mr. Mark G. Camacho 

Complainant's Counsel 

Federal Aviation Administration 

Office of Regional 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 Law Firm, 

1997 Annapolis Exchange Parkway 

Suite 300 

Annapolis, MD 21401 

TEL: 301-294-8550 

FAX: 301-294-2525 

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: 202-366-6941 

FAX: 202-366-7536 

Mr. Patrick Kraus, President 

Jet Midwest Technik, Inc. 

Respondent 

9200 NW 112th Street 

Kansas City, MO 64153 

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.