## SERVED: DECEMBER24,2013

In The Matter Of: 

### ) ) ) ) ) ) DocketNo. FAA-2013-0284 AVIATION ENGINEERING CONSULTANTS, INC. Respondent Case No. 2012CE440003



### ORDERRESERVING RULING ON MOTION TOWITHDRAW, DIRECTING RESPONDENT ATTORNEYTO FILE SUPPLEMENTAL STATEMENT, SETTING OBJECTION DEADLINE,AND RECONFIRMINGRULE 16 CONFERENCEDATE

On October 24, 2013, an OrderDenying Respondent's Motionto Dismiss and Granting/Denying OtherReliefwas filed. Among other things, this Order set a deadline of November 15, 2013, for Aviation Engineering Consultants, Inc. ("Respondent") to file an answer to the amended complaint. OnNovember 13, 2013, the Respondent filed an Answer and Affirmative Defenses. OnNovember 19,2013, an Order SettingRule 16 Litigation Scheduling Conference, and DirectingRule 26(f) Planning and Submissionwas filed. This Order set a January 15, 2014 deadline for theparties to submit ajoint,proposed scheduling/discoveryplan, and orderedthe parties to appearbytelephone onJanuary 22, 2014 at 11 :00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. On December20,2013, the Respondent's attorney, Mr. Douglas J. Barnard, filed a Motionto Withdraw as Counsel and Abate Action. Inthis Motion, Mr. Barnard asserted that neither his clientnorthe FAA had any objectionto his withdrawal. Mr. Barnard further requested that "this court abate this action for thirty (30) days to allow [Respondent] to obtain new counsel." The Motion was not served onthe Mr. Barnard's client, and there was no affirmation that the clienthad beenprovided working papers orinformation aboutpending court dates.

### Afterreviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being fully advised; 

### IT IS HEREBY ORDERED: 1. Pursuantto 14 C.P.R. §13.218, the Respondent Attorney's December 20,2013 Motion to Withdraw as Counsel and Abate Action is reserved. 2. Pursuantto 14 C.P.R. §13.218 and the ABA Model Rules ofProfessional Conduct, on or before January 8, 2014, 

### Mr. Barnard shall file a supplemental statementproviding: a) The name ofthe Respondent's designated lay representative for this litigation, as well as that person's current address, telephone number and fax number. IfMr. Kamran Rouhani is the designated lay representative, Mr. Barnard shall so affirm, and provide Mr. Rouhani's address ofrecord, telephone number, and fax number. b) The date, address, and method by which Mr. Barnard served the Respondent's designated agent/lay representative with written notice ofMr. Barnard's December 20,2013 Motion To Withdraw; c) 

### Ail affirmation that Mr. Barnard has provided the Respondent's designated lay representative with all litigation papers and property (See, e.g., See, e.g., 

### ABA Model Rules ofProfessional Conduct (Rule 1.16)(d)("upon termination of representation, a lawyer shall

...surrtmder

...papers and property to which the client is entitled"); and d) An affirmation that Mr. Barnardhas notified the Respondent's designated lay representative ofthe pending Rule 16 Telephone Conference, set for January 22, 2014 at 11 :OOam Eastern Time. 3. Ifthe Respondent's designated agent and/or the FAA has any objection(s) to Mr. Barnard's Motion to Withdraw, such objection(s) must be filed on or before January 10, 2014. 

### 4. The Rule 16 Litigation Scheduling Conference remains set for January 22,2014 

### at 11:00 

### a.m. Eastern time.

Attachment: Service List Page 2 of2FDMS No. FAA-2013-0284 (Civil Penalty Action) 

### SERVICELIST- BY U.S. 

### MAIL 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 1

Mr. Mark G. Camacho Complainant's Counsel 

### ONE COPY

Senior Enforcement Attorney, Central Region, ACE-7 Federal Aviation Administration Room 506, DOT Building, 901 Locust St. Kansas, MO 64106-2641 TEL: 816-329-3765 FAX: 816-329-3771 Mr. Douglas J. Barnard Respondent's Counsel 14695 Airport Parkway, 2nd Floor Clearwater, FL 33762 TEL: 727-259-0224 FAX: 727-259-0223 E-MAIL: dougb@planelaw.com Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 Aviation Engineering Consultants, Inc. Respondent C/0Kamran Rouhani 2159 McMullen Booth Road Clearwater, FL 33759

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.