In The Matter Of: BAER AIR, INC. Respondent 

## SERVED: JUNE 17,2014**~::~ -::r'.::HME~T**  

## Or U.S. 

### DEPARTMENT OF TRANSPORTATION ,**i/<.i<)PORTAT!Q;~** 

### OFFICE OF HEARINGS

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## ::i<,ET**OPERATIOi~S** 

### WASHINGTON, DC ) )" ) .)

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### q:**31~** DocketNo. FAA-2014-0112 Case No. 2011S0150234



### ORDER CONTINUING THE RULE 16 LITIGATION SCHEDULING CONFERENCE

. OnApril 16, 2014 an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On April29, 2014 an Order Reserving Respondent's Motion to Set Hearing Location was filed. On May 1, 2014 the FAA filed a Motion to Dismiss for Failure to State a Claim. On May**21~** 2014, the Respondent filed Respondent's Answer and**Me~orandum** in Opposition to the Agency's Motion to Dismiss for Failure to State a Claim. On May 23,2014 the FAA filed Agency's Reply to Respondent's Response. OnJune 4, 2014 the FAA, on behalfofboth parties, filed ajointProposed Scheduling/Discovery Plan. OnJune 13, 2014 the Office ofHearings ("OH") staffcontactedboth parties to advise them that the court needed some additional time to render a decision onthe Motionto Dismiss. The OH staffconsulted with both parties regarding their availability for a new date for the Rule 16 Litigation Scheduling Conference. The following day, on June 16, 2014, the OH staffrecontacted the FAA for further information about its. counsel's calendar availability. OnJune 17, 2014 the OH staffre-contacted both parties to advise them ofthe new date and time for the Rule 16 Litigation Scheduling Conference. Pursuant to 14 C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, artd 14 C.P.R. §13.217, and after having reviewed all relevant caselaw, regulation, statutory authority, and being fully advised;IT IS HEREBY ORDERED:


### 1. The Rule 16 Litigation Scheduling Conference is continued by court motion from June 19, 2014 (1:30pm-2:30pmET) to July 9, 2014 (10:30am-11:30am ET). 

### 2. For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody 

### L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941).

Attachment: Service List

Page 2 of2DocketNo. 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 FAJ(: 781-238-7055 

### Mr. Gregory S. Winton 

### Mr. Jared

### M. Allen 

### Respondent's Counsel The Aviation Law Firm 1997 Annapolis Exchange Parkway Suite 300 Annapolis, MD 21401 TEL: 301-294-8550 FAJ(: 866-568-9886 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings,M-20 U.S. Department ofTransportatiot). 1200 NewJersey Avenue, S.E. (E11:.310) Washington, DC 20590 TEL: 202-366-6941 FAJ(: 202-366-7536 BaerAir, Inc.



### - Respondent

-Mr. William L. Baer, President

150 South Apollo Boulevard Melbourne, FL 32901

1 Service was by U.S. Mail. For service in person orby expedited courier,

### ·~se the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright BuilQing-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

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