In The Matter Of: 

BAER AIR, INC. 

Respondent 

SERVED: APRIL 29, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2014-0112 

Case No. 2011S0150234 

ORDER RESERVING RESPONDENT'S MOTION 

TO SET HEARING LOCATION 

On April 16, 2014, an Order Setting Rule 16 Litigation Sche~uling Conference and 

Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order 

instructed the parties to discuss venue for the hearing. 

On April23, 2014, the Respondent's Unopposed Motion to Set Hearing Location 

("Motion") was filed. In this Motion, the Respondent asserted that pursuant to 14 C.F .R. § 

13.221(b), "Melbourne, FL is the appropriate and necessary hearing location under the 

circumstances of the present case." (Motion, 3). The Respondent also asserted that the 

Melbourne, FL location was ideal because it was convenient and accessible to the parties and 

witnesses, provided the easiest access to evidence, and was serviced by an international airport. 

The Respondent did not, however, indicate what federal facilities were available in Melbourne, 

FL for the hearing. The Respondent also did not proffer what, if any, alternative courthouse 

facilities were available in Melbourne, FL for the hearing. 

That same day, on April23, 2014, the Office ofHearing staff conducted a briefinternet 

search to determine what federal court facilities were located in Melbourne, FL. It appeared that 

there were none. The search results demonstrated that the two closest federal court facilities 

were in Orlando, FL, and Ft. Pierce, FL. Of these, only Orlando is served by a scheduled air 

carrier. 
Pursuant to 14 C.F.R. §§ 13.205(a)(l), (8), Civ. R. 26(f), and after reviewing all relevant 

caselaw, regulations, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The Respondent's Unopposed Motion to Set Hearing Location is reserved. 

2. As part of their Civ. R. 26(f) planning meeting·, the parties are directed to determine and 

discuss what courthouse facilities are potentially available in Melbourne, FL. In addition, 

the parties shall discuss the alternative venue of Orlando, FL, which has federal 

courthouse facilities and is also serviced by a major airport. 

3; The parties shall include recommendations for venue (not necessarily limited to 

Melbourne, FL or Orlando, FL) in their jointly written, proposed scheduling/ discovery 

plan. 

4. The June 12, 2014 deadline for the parties to submit their jointly written, proposed 

scheduling/discovery plan is reconfirmed. 

5. The Rule 16 Litigation Scheduling Conference set for Thursday, June 19,2014, at 1:30 

p.m. Eastern time is reconfirmed. The parties shall access the Conference by dialing 

202-493-2343. 

Attachment: Service List 

Page 2 of2 
Docket No. FAA-2014-0112 

(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 2W10001 

Mr. Vincent J. Bennett 

Complainant's Counsel 

ONE COPY 

Senior Attorney, Office ofthe Regional Counsel, ANE-7 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01803 

TEL: 781-238-7044 

FAX: 781-238-7055 

Mr. Gregory S. Winton 

Mr. Jared M. Allen 

Respondent's Counsel 

One Research Court 

Suite 450 

Rockville, MD 20850 

TEL: 973-672-8000 

FAX: 973-672-8215 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Baer Air, Inc. 

Respondent 

William L. Baer, President 

150 South Apollo Boulevard 

Melbourne, FL 32901 

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 2Wl000, Washington, 

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