### In The Matter Of: 

### SERVED: JUNE 17,2014 U.S. DEPARTMENT OF TRANSPORTATION· OFFICE OF HEARINGS WASIDNGTON, DC**;·~** 

### ;;; ) DocketNo. FAA-2013-0290 JET LOGISTICS, INC. ) ) ) Case No. 2012EA680047 Respondent ) ORDERDISMISSING PROCEEDING .--\- .**~~!..:** -'

On October 30, 2013, an Order Setting Litigation Dates and Procedures was filed. The order set this matter for Hearing on July 29, 2014 in Charlotte, North Carolina and scheduled a telephone conference between the parties for oral argument ondispositive motions onJune 18, 2014. OnJune 4, 2014, the FAA filed a letter with the Office ofHearings, which was addressed to the Respondent and indicated that the parties had reached a settlement and the Respondent agreed to withdraw his appeal before the Office ofHearings. OnJune 16, 2014, the Respondent filed a Withdrawal ofAppeal stating that the parties had reached a settlement and that the Respondent was "agreeing to the revised Order Assessing Civil Penalty." The Withdrawal ofAppeal did notindicate that the document had been served on the FAA attorney, or filed with the Hearing Docket. Afterhaving reviewed all relevant caselaw, regulations, statutory authority, andbeing fully advised; IT IS HEREBY ORDERED: 1. The Motion Conference setonJune 18,2014 (10:00 am-11:30 am) is cancelled. 2. The Hearing set to begin on July 29, 2014 in Charlotte, North Carolina is cancelled. 3. A copy ofthe Withdrawal ofAppeal is attached for filing withthe Hearing Docket. 4. Pursuant to 14 C.F.R. § 13.215, the Respondent has withdrawn his Appeal, and this proceeding is dismissed with prejudice.

Attachments: (1) Service List (2) June 16,2014 Withdrawal ofAppealFDMS No. FAA-2013-0290
· (Civil Penalty Action) SERVICE LIST- BY U.S. MAIL

Federal Aviation Adininistration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Mr. Daniel P. Kohlmeyer 

### Complainant's Counsel ONE COPY

Office of

### the Regional Counsel, Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3266 FAX: 718-995-5699 Mr. W. Ashley Smith 

### Respondent'sLay

### Representative 5400 Airport Drive Charlotte, NC 28208 TEL: 919-840-0555 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

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.. 

# .

June 

### 16,2014 

### The Honorable J.E. Sullivan**Administrati~**

### Law Judge 

### Office of

### Hearings, M-20 U.S. Department ofTranspottation 1200 New**J~rsey** Avenue, S.E. (Ell-3"10) Washington. DC 20590
·Reference: Withdrawal ofAppeal Dear Judge Sullivan:**24/l~** ..**~~IS~** ·

. . '**·~** 

# .... ,· ..... . :

:Me.e2u,.**ZOI~JUNI~~**

This past week 

### the Fedeml Aviation Administration•s replacement for.Mr. Nieves, 

### Mr. Daniel Kohlmeyer, and

### J,**~** 

### a: settlement

### regarding hearing# 

### FAA
.. 2013·0290. 

### Therefore, due to this mutual**agNem~t** 

### I.am.

### wlfhdrawing my appeal and agreeing to the revised Order 

### Assessing Civil Penalty.
. 1 want to.

### thank you for your patience with me during this process, especially my ignorance ofit. You were extremely professional, yet helpful at the same tinie. You clearly eXplained the process and I felt comfortable that I· was being treated 

### fairly.
. That was a 

### vecy comforting · 

### feeling for someone who."tw 

### never faced

### this type 

### ofsituation before:. and**h~ly** never 

### again. Please let m.e knowifthere are any questions. Sincerely,

W. A Smith.Jr. 

### President and 

### Lay Re$J)Olldent for Jet Logistics. Inc.

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