SERVEp: JUNE 27,2014 --·~:-)·'.FtT;,AENT OF 

u.s. DEPARTMENT oF TRANsPoRTAtioN·:~~;~¥~~rrATio~~l" . , ~ ··"''- 1 vr tRATtOI <0 

In The Matter Of: 

TYLER PENNYWITT 

Respondent 

OFFICE OF HEARINGS . 

WASHINGTON, DC lJiit JU:~ 30 A q: 3'1 

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Docket No. FAA-2013-0716 

Case No. 2012S0150128 

ORDER RESERVING MOTIONS, 

SETTING DEADLINES FOR FILING SUPPLEMENTAL MATERIALS, 

AND CONTINUING THE HEARING 

On December 13, 2013 an Order Setting Litigation Dates and Procedures was filed. 

On May 5, 2014, the Federal Aviation Administration ("FAA") filed a Motion for 

Summary Judgment. 

On May 29, 2014, Mr. Tyler Pennywitt, the Respondent, filed a Motion to Dismiss 

Response to Motion for Summary Judment [sic], which contained both a dispositive Motion to 

Dismiss and a Response to the FAA's Motion for Summary Judgment. 

On June 10,2014, the FAA filed a Reply in Support of Motion for Summary Judgment 

and Response in Opposition to Motion to Dismiss. 

On June 26, 2014, the parties convened by telephone for a Summary Judgment Motion 

Conference, and presented oral argument on both the FAA's Motion for Summary Judgment and 

the Respondent's Motion to Dismiss. 

After having heard oral argument on the Motion for Summary Judgment and Motion to 

Dismiss, and having reviewed all relevant caselaw, decisions, regulations, statutory authority, 

motions, pleadings, and being fully advised: 

IT IS HEREBY ORDERED: 

1. The FAA's Motion for Summary Judgment is reserved. 

2. The Respondent's Motion to Dismiss is reserved. 
2. . On or before August 22, 2014, the FAA shall file the following supplemental materials: 

a) Information supporting the FAA's argument that the FAA was not involved in the 

criminal prosecution of the Respondent. This information should include, but is 

not limited to, a statement identifying an individual named Ms. Glenda White, 

and the agency for which she worked and represented during the Respondent's 

criminal action. 

b) Information regarding the identity of "the third party" who referred the 

Respondent's Request for Hearing to the FAA attorney, and when/how such 

referral took place. 

3. On or before August 22, 2014, the Respondent shall file the following supplemental 

materials. 

a) Any proof of mailing or receipt of mailing by the FAA attorney of the 

Respondent's Request for Hearing dated April17, 2013. 

b) The financial documents (e.g., financial affidavit(s) and tax returns) that the 

Respondent submitted to the United States Attorney's Office as part ofhis criminal 

case in the U.S. District Court. 

c) Any new financial documents (e.g., financial affidavit(s) and tax returns, etc.) that 

the Respondent would like to submit, from the date of his criminal sentencing in 2013 

to the present, to supplement his assertions of financial hardship (Motion to Dismiss, 

page 3). 

d) Any documentation regarding the type and extent of community service 

performed by the Respondent in accordance with his federal criminal sentence. 

4. The Respondent is encouraged to read Hudson v. United States, 522 U.S. 93 (1997). 

5. The Hearing currently set for October 21, 2014- October 22, 2014, in Jacksonville, 

Florida is continued to December 9, 2014- December 10, 2014. 

Attachment: Service List 

Page 2 of 2 
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 2W1 0001 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Office of the Regional Counsel, AS0-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Tyler Pennywitt 

Respondent 

4483 Hanover Park Drive 

Jacksonville, FL 32224 

TEL: 904-252-1356 

FAX: 904-928-0909 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, 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 

ONE COPY 

FDMS No. FAA-2013-0716 

(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 2W1000, Washington, 

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