In The Matter Of: 

BAER AIR, INC. 

Respondent 

SERVED: JUNE 17,2014 

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U.S. DEPARTMENT OF TRANSPORTATION , i/<.i<)PORTAT!Q;~ 

OFFICE OF HEARINGS _ ::i<,ET OPERATIOi~S 

WASHINGTON, DC 

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Docket No. FAA-2014-0112 

Case No. 2011S0150234 

ORDER CONTINUING THE RULE 16 

LITIGATION SCHEDULING CONFERENCE . 

On April 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. 

On June 4, 2014 the FAA, on behalf of both parties, filed a joint Proposed 

Scheduling/Discovery Plan. 

On June 13, 2014 the Office of Hearings ("OH") staff contacted both parties to advise 

them that the court needed some additional time to render a decision on the Motion to Dismiss. 

The OH staff consulted 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 staff recontacted the FAA for further information about its. counsel's calendar availability. 

On June 17, 2014 the OH staff re-contacted both parties to advise them of the 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-2:30pm ET) to July 9, 2014 (10:30am-11:30am ET). 

2. For clarifications of this 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 of2 
Docket No. FAA-2014-0112 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Vincent J. BennettComplainant's Counsel 

ONE COPY 

Senior Attorney, Office of the 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 

F AJ(: 866-568-9886 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department ofTransportatiot). 

1200 New Jersey Avenue, S.E. (E11:.310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAJ(: 202-366-7536 

Baer Air, 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 or by 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. -