In The Matter Of: 

SERVED: JUNE 17,2014 

U.S. DEPARTMENT OF TRANSPORTATION· 

OFFICE OF HEARINGS 

WASIDNGTON, DC ;·~ ;;; 

) 

Docket No. F AA-2013-0290 

JET LOGISTICS, INC. 

) 

) 

) Case No. 2012EA680047 

Respondent ) 

ORDER DISMISSING 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 on dispositive motions on June 18, 

2014. 

On June 4, 2014, the FAA filed a letter with the Office of Hearings, 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 of Hearings. 

On June 16, 2014, the Respondent filed a Withdrawal of Appeal stating that the parties 

had reached a settlement and that the Respondent was "agreeing to the revised Order Assessing 

Civil Penalty." The Withdrawal of Appeal did not indicate that the document had been served on 

the FAA attorney, or filed with the Hearing Docket. 

After having reviewed all relevant caselaw, regulations, statutory authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. The Motion Conference seton June 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 of the Withdrawal of Appeal is attached for filing with the 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 Pursuant to 14 C.F.R. § 13.215, the Respondent has withdrawn his Appeal, and this 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 of Appeal 
FDMS 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 2W1 0001 

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's Lay Representative 

5400 Airport Drive 

Charlotte, NC 28208 

TEL: 919-840-0555 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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 of Appeal 

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 .. 20 13·0290. 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 of it. 

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 of situation before:. and h~ly never again. 

Please let m.e know if there are any questions. 

Sincerely, 

W. A Smith.Jr. 

President and Lay Re$J)Olldent for Jet Logistics. Inc. 

Page 1 of 1