## SERVEp: JUNE 27,2014

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In The Matter Of: TYLER PENNYWITT Respondent 

### OFFICE OF HEARINGS

. WASHINGTON, DC lJiit**JU:~** 

### 30 A 

### q: 3'1 ) ) ) ) ) DocketNo. FAA-2013-0716 CaseNo. 2012S0150128

ORDERRESERVING 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 Motionto Dismiss and a Response to the FAA'sMotion for Summary Judgment. OnJune 10,2014,the FAAfiled a Reply in Support ofMotion for Summary Judgment and Response in Oppositionto Motionto Dismiss. On June 26, 2014, the parties convened by telephone for a Summary JudgmentMotion Conference, and presented oral argument onboththe FAA'sMotion for Summary Judgment and the Respondent's Motionto Dismiss. Afterhavingheard oral argument onthe Motion for Summary Judgment andMotion to Dismiss, and havingreviewed all relevant caselaw, decisions, regulations, statutory authority, motions, pleadings, and being fully advised:

IT IS HEREBY ORDERED: 1. The FAA'sMotion for Summary Judgment is reserved. 2. The Respondent's Motionto Dismiss is reserved.2.
.On or before August 22, 2014, the FAA shall file the following supplemental materials: a) Information supporting the FAA'sargument that the FAA was not involved in the criminal prosecution ofthe Respondent. This information should include, but is not limited to, a statement identifying an individual named Ms. GlendaWhite, and the agency for whichshe 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 tookplace. 3. On or before August 22, 2014, the Respondent shall file thefollowing supplemental materials. a) Any proofofmailing orreceipt ofmailing by the FAA attorney ofthe Respondent's Request for Hearing dated April17, 2013. b) The financial documents (e.g., financial affidavit(s) and taxreturns) thatthe 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 ofhis criminal sentencing in 2013 to the present, to supplement his assertions offinancial hardship (Motionto Dismiss, page 3). d) Any documentationregarding the type and extent ofcommunity service performed bythe Respondent in accordance withhis federal criminal sentence. 4. The Respondent is encouraged to read Hudson v. UnitedStates, 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 2SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1



### Mr. Christopher R. 

### Stevenson Complainant's Counsel Office ofthe 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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.