.. 

In The Matter Of: 

SERVED: October 28, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

CENTRAL VIRGINIA 

AVIATION, INC. 

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Docket Nos. FAA-2013-0044 

FAA-2012-1263 

Respondent 

Case Nos. 2012EA210031 

2012EA210024 

ORDER DISMISSING PROCEEDINGS 

On April10, 2013, an Order Setting Litigation Dates and Procedures was filed. Among 

other things, this Order set a telephone conference for Tuesday, October 29, 2013, at 1:30 p.m. 

Eastern time and set the hearing for January 14-15, 2014, in Richmond, Virginia, and codified 

the parties' stipulation that Docket Nos. FAA-2013-0044 and FAA-2012-1263 are consolidated 

for both hearing and decision. 

On October 23, 2013, the Respondent's attorney telephoned the Office of Hearings· 

attorney staff and stated that the cases had settled and a withdrawal of the request for hearing had 

been filed. After review of the case file and the FAA Hearing Docket, the Office of Hearings 

attorney staff notified the Respondent's attorney, via e-mail, that no withdrawal had been 

received. 

On October 25, 2013, the Office of Hearings attorney staff e-mailed the Respondent's 

attorney to advise that the Office's fax machine was out-of-service and the withdrawal of the 

request for hearing could be e-mailed. 

Later that same day, October 25, 2013, the Respondent's attorney e-mailed the Office of 

Hearings a one-page letter dated October 23, 2013, stating that both ofthe consolidated cases, 

have settled and requesting an order withdrawing all claims and releasing the request for hearing 

dates. 

After reviewing all relevant caselaw, decisions, regulations, statutory authority, and being 

fully advised; 
IT IS HEREBY ORDERED: 

1. The telephone conference set for October 29, 2013, at 1:30 p.m. Eastern time is 

cancelled. 

2. The hearing set for January 14-15, 2014, in·Richmond, Virginia is cancelled. 

3. Pursuant to 14 C.F.R. § 13.215, the Respondent has withdrawn its Request for 

Hearing in each of the consolidated Dockets, and the proceedings are dismissed with 

prejudice. 

IVan 

~.J.J.I.,IO· l'Il. strative Law Judge 

Attachment: Service List 

Page 2 of2 
FDMS Nos. FAA-2012-1263 & FAA-2013-0044 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC--430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Zachary M. Berman 

Complainant's Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FPC(: 718-995-5699 

Mr. David H. Gates 

Ms. Katherine G. Gray 

Respondent's Counsel 

Cowan Gates 

1930 Huguenot Rd 

P.O. Box 35655 

Richmond, VA23235 

TEL: 804-320-9100 

FAX: 804-320-2950 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-2132 

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.