In The Matter Of: 

### SERVED: FEBRUARY 6, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0813 JETBLUE AIRWAYS CORPORATION ) ) ) ) ) ) Respondent Case No. 2012EA150022

ORDER CANCELLING LITIGATION SCHEDULING CONFERENCE AND DIRECTING PARTIES TO FILE AN AGREED BRIEFING SCHEDULE . . . _·r \ !.·

On December 8, 2014 an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission were filed.
On February 6, 2015 the parties filed a Joint Proposed Scheduling/Discovery Plan. Inthis Planthe parties noted that the Respondent, JetBlue Airways Corporation, intended to file a motion to dismiss the complaint for untimeliness, and to request a postponement ofdiscovery pending the resolution ofsuch motion.
On February 5, 2015 the Office ofHearings ("OH") attorney staffcheckedthe FAA's Hearing Docket website, and found thatthe Respondenthad served a Notice ofAppearance and an Answer onthe FAA's Hearing Docket onJanuary 30,2015,buthad not concurrently filed these docuements withthe court. The OH staffcopied the documents and filed courtesy copies in the court's file.
BriefDiscussion: The Respondent intends to file a Motion to Dismiss. In addition, the Respondent's Answer appears to have been served outside the allowed thirty (30) day time period. (14 C.P.R. 209(e)). Ifthe Respondent's motionto dismiss onthe grounds ofan untimely Complaint is notpersuasive, thentheparties wouldnextneed to address the timeliness ofthe Respondent's Answer. The parties should address these matters before any discovery is conducted onthe charged allegations or any hearing is scheduled. Rather than continue the Rule 16 Litigation Scheduling Conference, it appears most efficacious to cancel it, and then reschedule it once these preliminary matters have beenresolved. Having reviewedthe case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, .and being fully advised; IT IS HEREBY ORDERED: 1. The FAA and the Respondent shall confer privately to discuss a mutually convenient briefing scheduleto address the Respondent's Motionto Dismiss. 2. On or before February 27, 2015 the parties shall file a Proposed Agreed Briefing Schedule onthe Motion to Dismiss. This Proposal should also include whether ornotthe parties would like to present an oral argument onthe Motion afterthe submission of briefs, and ifso, provide at least three (3) mutually-agreed, proposed alternate dates/times for such oral argument for the Judge's consideration. 3. For all future pleadings, the parties must file with boththe FAA's Hearing Docket and directly with the court. The deadline provided is the date the material is date-stamped received at the Office ofHearings. The parties are encouragedto fax materials to the courtto ensure compliance withthe deadline. 4. For any questions aboutthis procedures contained inthis Order, contact Mr. Cody L. Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of2DocketNo. FAA-2014-0813
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 WrightBuilding-Suite 2W10001

Mr. Christian Lewerenz 

### Complainant's Counsel ONE COPY

Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. Steven Raffaele 

### Respondent's Counsel HOLLAND & KNIGHT LLP 31 West 52nd Street NewYork, NY 10019 TEL: 212-513-3200 FAX: 212-385-9010 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 (Civil Penalty Action)

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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430.