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. In this 

Plan the parties noted that the Respondent, JetBlue Airways Corporation, intended to file a 

motion to dismiss the complaint for untimeliness, and to request a postponement of discovery 

pending the resolution of such motion. 

On February 5, 2015 the Office ofHearings ("OH") attorney staff checked the FAA's 

Hearing Docket website, and found that the Respondent had served a Notice of Appearance and 

an Answer on the FAA's Hearing Docket on January 30,2015, but had not concurrently filed 

these docuements with the court. The OH staff copied the documents and filed courtesy copies 

in the court's file. 

Brief Discussion: 

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 motion to dismiss on the grounds of an untimely Complaint is not 
persuasive, then the parties would next need to address the timeliness of the Respondent's 

Answer. The parties should address these matters before any discovery is conducted on the 

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 been resolved. 

Having reviewed the 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 schedule to address the Respondent's Motion to Dismiss. 

2. On or before February 27, 2015 the parties shall file a Proposed Agreed Briefing 

Schedule on the Motion to Dismiss. This Proposal should also include whether or not the 

parties would like to present an oral argument on the Motion after the submission of 

briefs, and if so, 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 both the FAA's Hearing Docket and 

directly with the court. The deadline provided is the date the material is date-stamped 

received at the Office of Hearings. The parties are encouraged to fax materials to the 

court to ensure compliance with the deadline. 

4. For any questions about this procedures contained in this Order, contact Mr. Cody L. 

Smith, Attorney-Advisor at the Office ofHearings (202-366-6941). 

Attachment: Service List 

Page 2 of2 
Docket No. 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 Wright Building-Suite 2W1 0001 

Mr. Christian Lewerenz 

Complainant's Counsel 

ONE COPY 

Office of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation 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 

New York, NY 10019 

TEL: 212-513-3200 

FAX: 212-385-9010 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, 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 

(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-Suite 2W1000, Washington, 

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