In The Matter Of: 

### SERVED: August 12, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0119 SPIRITAVIONICS, LTD. ) ) ) ) ) CaseNo. 2012-GL-07-0056 Respondent ORDER SETTING DEADLINES FORSUBMISSION 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 onthe Respondent's June 1, 2015 Motion for Decision ("Motion"). Duringthis Motion Conference, certainprocedural 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, andbeing fully advised;
IT IS HEREBY ORDERED: 1. On or before August 12, 2015, the FAA shall file a copy ofits missing Exhibit A, referenced on page 3 inits July 1, 2015 Response. The Respondent's objectionsto this delayed filing are reserved.

2. On or before August 18, 2015, the Respondent shall file its objections (ifany) to the FAA'sExhibit A, as well as to the FAA'sAugust 11, 2015 oral motionto 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 notthe 22lanyards and 22 brackets referenced in the FAA's May 8, 2015 Complaintwere part ofthe "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 ofthe 22 lanyards and 22 brackets referenced in the FAA'sMay 8, 2015 Complaint were fabricated bythe Respondent, and, ifthe 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'sknowledge 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 injointventures; and d) Whether or not the $7,439.16 balance, shown in both Respondent's Exhibits D and E, representedthe actual market value ofthe headliner install kits, and ifnot, how such amountwas a "share" ofthe cost oforderingthe parts, as generally discussed by Mr. Och in paragraph 1 0 ofhis Declaration.

4. Ifeitherthe FAA orthe Respondent has questions regardingthe deadlines contained in this Order, they may contactMr. Cody Smith, Attorney-Advisor at the Office of Hearings (202-366-6941).

Attachment: Service List

Page 2 of7DocketNo. FAA-2014-0119 (Civil PenaltyAction) SERVICE LIST- 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-Suite2W1000 1 ONE COPY Ms. Kate Barber 

### Complainant's Counsel Federal Aviation Administration, AGL-7 2300 East DevonAvenue 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. AdministrativeLaw Judge Office ofHearings, M-20 U.S. Department ofTransportation 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-Suite2W 1000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.