## SERVED: Apri128, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
In The Matter Of: ) ) ) ) ) DocketNo. FAA-2016-4269 VANAIRMANUFACTURING, INC. Respondent Case No. 2014-GL-70-0045



### ORDERDIRECTING THEPARTIES TO CONFERAND FILE AN AGREED BRIEFING SCHEDULE ON THE RESPONDENT'S MOTION TO DISMISS . ; ._.J

On March 21, 2016, the FAA filed a Complaint alleging that the Respondent had violated multiple sections ofthe Department ofTransportation Hazardous Materials Regulations. 1 The FAAproposed a total civil penalty of$141,000 for the alleged violations. OnApril25, 2016, the Respondent, Vanair Manufacturing, Inc., filed its Answer and Affirmative Defenses to the Complaint. In its third affirmative defense, the Respondent moves for dismissal ofthe Complaint onthe grounds thatthe violations alleged inthe Complaint occurred more than two (2) years before the FAA issued the Notice ofProposed Civil Penalty. BriefDiscussion Pursuantto 14 C.F.R. § 13.208(d), instead offiling an answer to a complaint, a respondent may move to dismiss a complaint alleging a violation that occurred morethantwo (2) years before anFAA attorney issued a notice ofproposed civil penalty to the respondent. Because the Respondent's motion may (or may not) resolve the entire case, it shouldbe addressed before any discovery is conducted onthe charged allegations or any hearing is scheduled. Pursuantto 14 C.F.R. § 13.205, and having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised;

1 Specifically, 49 C.F.R. §§ 171.2(e), 172.1010)(1), 172.200(a), 172.204(a), 172.301(a), 172.400(a), 172.402(c), 172.600(c)(2), 172.702(a), 173.1(b), and 173.27(b)(1).IT IS HEREBY ORDERED: 1. The FAA andthe Respondent shall confer privately, and agree to a mutually convenient briefing schedule (i.e., Respondent Brief; FAA Response; and Respondent Reply) to address the Respondent's Motion to Dismiss on the grounds ofuntimeliness. 2. Iftheparties would like to present oral argument onthe disputed Motion after the submission ofbriefs, they shall also find on their calendars at least three (3) mutuallyagreed, proposed dates/times for such oral argument for the Judge's consideration. Such proposed dates, ifrequested, should be included inthe parties Jointly Proposed Briefing Schedule. 3. On orbefore May 13,2016, the parties shall file their Jointly Proposed Briefing Schedule. 4. The Jointly Proposed Briefing Schedule, and all future documents inthis proceeding, shall be deemed filed on the date the document is date-stamped received atthe Office of Hearings. The parties are strongly encouraged to fax a copy ofall documents to the Office ofHearings to ensure compliance with deadlines. 5. For any questions about this procedures contained inthis Order, contact

### Mr. Cody Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of 2DocketNo. FAA-20 16-4269 (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 2Wl0002

Ms. Kate Barber 

### Complainant's Counsel Enforcement Division, Midwest Teram Federal Aviation Administration 2300 East DevonAvenue Des Plaines, IL 60601 TEL: 847-294-7862 FAX: 847-294-7498 Mr. John S. Hoff Mr. Jared A. Schneider 

### Respondent's Counsel ONE COPY

Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC One North Franklin Street, 10th Floor Chicago, IL 60606 TEL: 312-726-3800 FAX: 312-726-3818 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

2 Service was by U.S. Mail. For service in person orby 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, AGG--430.