In The Matter Of: 

SERVED: August 12, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2014-0119 

SPIRIT AVIONICS, LTD. 

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Case No. 2012-GL-07-0056 

Respondent 

ORDER SETTING DEADLINES 

FOR SUBMISSION OF SUPPLEMENTAL MATERIAL 

On July 31, 2015, an Order Granting the FAA's Motion to File a Late Response and 

Granting the Respondent's Motions for Extension and to Strike the FAA's Motion for Decision 

was filed. 

On August 11,2015 (10:00-11 :30am) the parties appeared by telephone for a Motion 

Conference, to present oral argument on the Respondent's June 1, 2015 Motion for Decision 

("Motion"). During this Motion Conference, certain procedural and substantive matters arose, 

about which oral rulings were made. This Order codifies those oral rulings. 

Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, 

regulations, rules, and authority, including 14 C.F.R. § 13.218(£)(5) and Civ. R. 56, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. On or before August 12, 2015, the FAA shall file a copy of its missing Exhibit A, 

referenced on page 3 in its July 1, 2015 Response. The Respondent's objections to this 

delayed filing are reserved. 

2. On or before August 18, 2015, the Respondent shall file its objections (if any) to the 

FAA's Exhibit A, as well as to the FAA's August 11, 2015 oral motion to amend its 

Complaint. 
3. On or before August 18, 2015, the Respondent may file a Supplemental Declaration 

from Mr. Eric C. Ochs, clarifying the following: 

a) Whether or not the 22lanyards and 22 brackets referenced in the FAA's May 

8, 2015 Complaint were part of the "kits': referenced in the two Invoices 

(identified as Respondent's Exhibits D and E), and ~eferenced as "parts" in 

Mr. Och's Declaration (identified as Respondent's Exhibit C); 

b) Whether some or all of the 22 lanyards and 22 brackets referenced in the 

FAA's May 8, 2015 Complaint were fabricated by the Respondent, and, if the 

materials utilized to fabricate the same, or alternatively to purchase the same, 

had been purchased with FAA funds; 

c) Whether or not, in Mr. Och's knowledge and experience, the use oflnvoices, 

such as those identified as Respondent's Exhibits D and E, is common in 

business when there are cost-sharing assignments in joint ventures; and 

d) Whether or not the $7,439.16 balance, shown in both Respondent's Exhibits 

D and E, represented the actual market value ofthe headliner install kits, and 

if not, how such amount was a "share" of the cost of ordering the parts, as 

generally discussed by Mr. Och in paragraph 1 0 of his Declaration. 

4. If either the FAA or the Respondent has questions regarding the deadlines contained in 

this Order, they may contact Mr. Cody Smith, Attorney-Advisor at the Office of 

Hearings (202-366-6941 ). 

Attachment: Service List 

Page 2 of 7 
Docket No. FAA-2014-0119 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 1 

ONE COPY 

Ms. Kate Barber 

Complainant's Counsel 

Federal Aviation Administration, AGL-7 

23 00 East Devon A venue 

Des Plaines, IL 60018-4696 

TEL: 847-294-7862 

FAX: 847-294-7498 

Mr. Jerry A. Eichenberger 

Re.~pondent 's Counsel 

Eichenberger & Associates 

6037 Frantz Road, Suite 107 

Dublin, OH 43017 

TEL: 614-798-1600 

FAX: 614-798-1620 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Mr. Patrick J. Moro 

Respondent's Co-Counsel 

Eichenberger & Associates 

6037 Frantz Road, Suite 107 

Dublin, OH 43017 

TEL: 614-798-1600 

FAX: 614-798-1620 

E-mail: pmoro@ehlawyers.com 

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 2W 1000, Washington, 

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