SERVED: FEBRUARY 16,2011 

U.S. DEPARTMENT OF TRANSPORTATION ''--r "offijATlON'" 

OFFICE OF HEARINGS .'...- ' .^ • • -

WASHINGTON, DC . ,,. ...^., ,, o o UQ 

IN THE MATTER OF 

BRIAN WALLAESA 

FAA DOCKET NO. CPIOWPOOIO 

(Civil Penalty Action) 

FDMS NO. FAA-2010-0628 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

DENYING RESPONDENT'S MOTION FOR EXTENSION OF TIME 

On November 15, 2010, the Respondent Brian Wallaesa ("Respondent") served, inter 

alia, "Motion for Extension of Time" ("Motion").' The Motion requests an extension of "the 

December 6, 2010 deadline for submission of exhibits and discovery."^ 

.No procedural schedule has been submitted or ordered in this case.^ Rather, on September 17, 2010, Respondent proposed "that by December 6, 2010 all exhibits and discovery shall 

be exchanged." ° Complainant has not responded to our order for "agreed or separate proposed 

' Respondent's "Motion to Dismiss Complaint filed July 28, 2010," as well as Complainant's "Motion for Protective Order," served November 10, 2010, will be iaddfessed separately." 

^ Motion at 1. 

' 14 C.F.R. § 13.217 states, inter alia: 

"(a) General. The parties may agree to submit a schedule for filing all prehearing motions, a 

schedule for conducting discovery in the proceedings, or a schedule that will govern all prehearing 

motions and discovery in the proceedings. 

(b) Form and content of schedule. If the parties agree to a joint procedural or discovery schedule, one of the parties shall file the joint schedule with the administrative law judge, setting forth 

the dates to which the parties have agreed, and shall serve a copy of the jomt schedule on each party. 

(1) The joint schedule may include, but need not be limited to, requests for discovery, any objections to discovery requests, responses to discovery requests to which there are no objections, 

submission of prehearing motions, responses to prehearing motions, exchange of exhibits to be introduced at the hearing, and a list of witnesses that, may be.called at the hearing. 

(2) Each party shall sign the original joint schedule to be filed with the administrative law 

judge." 

14 C.F.R. § 13.217(a)-(b) (emphasis in original). 

'** "Requested information by Administrative Law Judge in respect to Complaint Filed July 28, 2010." 
pittcedural schedules"'' or to Respondent^s.j»65>dife^|^to6(4»ttal schedule. The palties may initiate discovery without recoiirse to the Adit£tol||il^'-Lik.W Judge.'^ Because no procedural 

schedule exists, no need for our action exi ^ attli^^m^.^^ Therefore, the Motion 4s denied. 

-•\ . 

SO ORDERED. 

'Ml-; 

Rotmie A. IfoAs 

Chief AdrnlniSHittl^feOf^ Judge^ 

Attachment - Service List I 

-ii^S'.KH;'. 

!..m:K 

i m l 

°'4 I sf 

ft., . 1 , 

'' Order of Chief Administrative Law Judge at 2 tA^g^'iJOl^ 

" 14 C.FJR;§ 13.220(a). * .£;-..<4^J vt:»;iir 

'* Ciryo/CWcago, FAA Docket No. CP05GL0(fl44 " 

iiT>c.J.)- 'A/^->; 

, !l5r:^671. Order J3s^i»ll&J*n Ito 

Suspend Discovery Deadlines at 1-2 (Nov. 9,2005) (^o|QI)jt^i|^|l^idSil^WK ^"'^^i^^^^^ ^ ^^^'^^ 

estalilishing procedural schedule); Malco Prods., /nc.| P^X>^|^.^i^. (l^pj^SOOOlS, DMS HQ. f-^^^0,m2Z$, 

Order of Chief Administrative Law Judge at 2 (Jan. 14,2003) (fn^Of^^fBd^tfl^lffocedural^d^ 

sent an order es*M>lishing a procedural schedule). > •". !>iit'i'i^'J',--'<)• • ^'H'i 

-2-
FAA Docket No. CPIOWPOOIO 

(Civil Penalty Action) 

AMENDED SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000'^ 

ONE COPY 

Brian Wallaesa, Respondent 

11272 Wortham Crest Circle 

Manassas, VA 20109 

TEL: 571-292-1108 

John C. Stuart, Complainant's Counsel 

Attorney, Office of the Chief Counsel 

Enforcement Division, AGC-300 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

TEL: .202-267-9958 

FAX: 202-267-5106 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

'^ 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. 

- 3 -