SERVED DECEMBER 2, 2011 

U.S. DEPARTMENTOF TRANSPORTATION • '-.T'i^r^lil'J^/:^ 

OFFICE OF HEARINGS "'O-Ka f^TOr ^ 

WASHINGTON, DC IL.MJ 

201! DEC-2 P ?: 15 

In the Matter of: ) 

) Docket No. FAA-CPlOSOOOOl 

CLOUD DANCER AVIATION ) (FAA Civil Penalty Proceeding) 

AND FLYING CLUB, INC. ) 

) FDMSNo. FAA-2010-0192 

Respondent ) 

ORDER DENYING RESPONDENT'S MOTION TO STRIKE 

AND/OR DISMISS, AND GRANTING/DENYING OTHER RELIEF 

On September 1, 2011, the FAA and tlie Respondent, Cloud Dancer Aviation and 

Flying Club, Inc., appeared by telephone for a Litigation Scheduling Conference. At that 

time, the Respondent's Motion to Reopen Discovery was orally granted, and a new 

discovery plan was created with the parties' participation. The Respondent's Motion to 

Compel Discovery was reserved with a right to renew the Motion prior to November 18, 

2011, if needed. The Respondent's oral Motion to Dismiss was respectfully noted, but 

the Respondent to file a written Motion with supporting facts and authority if it wanted to 

pursue such a Motion. 

On September 7, 2011 Orders were filed that codified the oral rulings made at the 

September 1, 2011 Litigation Scheduling Conference. An Order Granting Respondent's 

Motion to Reopen Discovery and Granting/Denying Other Relief, and an Order Setting 

Litigation Dates and Procedures, were filed. 

On November 18, 2011 the Respondent filed a Motion to Strike and/or Dismiss. 

On December 2, 2011 the parties appeared for a Telephone Motion Conference. 

The status of the case was briefly discussed, as well as the Respondent's Motion to Strike 

and/or Dismiss. Multiple oral rulings were issued. 

It Is Hereby Ordered: 

1. The Respondent's Motion to Strike and/or Dismiss is denied, in part for being 

premature, and in part for failing to allege specific facts and legal authority in 

support of the request for Dismissal. 

2. The parties are directed to contact each other by telephone immediately after 

the conclusion of the December 2, 2011 Telephone Motion Conference, to 

schedule a mutually agreeable time early next week (prior to December 9, 

2011) to consult again about this case by telephone. 

Page 1 of2 
3. In the parties' telephone conference {prior to December 9, 2011), the parties 

are directed to try and resolve any/all disputes in setting up depositions 

requested by the Respondent. The parties will also discuss a possible 

agreement to modify the September 7, 2011 Litigation Scheduling Conference 

(paragraph B) to accommodate a later discovery cut-off date, up until January 

13, 2012, so that such depositions may be scheduled and taken. 

4. If the parties reach agreements during their telephone conference, they will 

immediately notify the undersigned Judge in writing of such agreements. The 

.parties will decide during their consultation who will draft and send the 

notification, which may also include an agreement no further Motion 

conference is needed if ail discovery disputes are resolved. 

5. If the Respondent seeks to renew its Motion to Compel Discovery, it shall file 

a written Renewed Motion to Compel Discovery on or before December 9, 

2011. In this Motion, the Respondent shall include the following: a) the 

names of the witnesses who the Respondent seeks to depose, and why their 

testimony is relevant; b) a report on the status of the parties' informal attempt 

to resolve the issues in dispute; c) an outline of all the attempts the 

Respondent has made since September 1, 2011 to try and schedule the 

depositions with the FAA (including but not limited to a record of phone calls, 

emails, faxes, and any Notices of Deposition setting date/time/place of witness 

deposifions) and a statement of what responses (if any) the Respondent had 

from the FAA regarding these attempts; d) a statement of any sanctions the 

Respondent seeks for renewing the Motion to Compel; and e) an explanation 

as to why the Respondent failed to renew its Motion to Compel prior to the 

November 18, 2011 discovery cut-off date, as directed in the September 7, 

2011 Order Granting Respondent's Motion to Reopen Discovery. 

6. The FAA shall file a written Response to the Renewed Mofion to Compel 

Discovery on or before December 16, 2011, and specifically'respond to each 

and every allegation alleged. „ , : 

7. Absent any agreements to resolve the discovery disputes (see #4 above) the 

parties shall appear for a Telephone Motion Conference on Tuesday, 

December 20, 2011 at 11:00am EST. The Office of Hearings shall initiate 

the telephone call. 

Mvan 

frative Law Judge 

Attachment: Sei'vice List 
FDMSNo. FAA-2010-0192 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Dennis R. Haber, Respondenl 's Counsel 

Dennis R. Haber, P.A. 

8925 S.W. 148 Street, Suite 200 

Miami, FL 33176 

TEL: 305-256-3002 

FAX: 305-256-3004 

Andrea Michelle Harper, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J. E. Sullivan, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue. S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use ihe following address: 

Hearing Docket, Federal Aviation Adininisiraiion, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 

2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.