SERVED: APRIL 2li, 2013 

U.S. DEPARTMENT OF TRANSPORT A T!ON 

OFFICE OF HEARINGS 

WASHINGTON. DC 

IN THE MATTER OF 

TRANS TIME EXPRESS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty At1ion) 

FDMS NO. FAA-2012-1260 

ORDER OF CHIEF ADMJNISTRATIVE LAW JUDGE 

On April23, 2010. Complainant Assistant Chief Counsel f()r Enforcement, Federal 

Aviation Administration, tiled and served "Joint Motion for an Extension of the Procedural 

Schedule" ("Motion''). TI1e Motion requests, with the apparent agreement of Respondent Trans 

Time Express, that. because "discovery is ongoing and the parties arc in se11lement talks[,J the 

deadlines be extended such that discovery concludes <:n May 31, 2013 and the exchange of 

hearing materials occurs by June 28, 2013. ·• 1 

No procedural schedule has been su,bmitted or ordered in this ease." Rather, the patiies. 

as the mles permit, apparently have initiated discovery on their own3 and may agree to amend 

the discovery response time without recourse to the Administrative Law Judge. 4 Since no 

procedural schedule exists and the parties have apparently suspended or extended discovery 

1 Motion at L 2 Though Complainant notil1ed us ofthe dates of a proposed procedural schedule, Letter at l (Jan. 22, 20 !3 ). no 

signed joint schedule, 14 CF.R. § I 3.2l7(b)(2). or pn>posecl order. § 13.217(cl), wassubmittecl and no order was 

issued. 

' See§ 13.220(a) t'Any party may initiate discovery .. .. without the consent or approval of the administrative 

law judge, at any time afler a complaint has been filed in the proceedings." 

·I S'e!' § 13.220{d) ("Unless otherwise directed by this SHhpart or agreed by the parties, a party shall respond to a 

request for discovery ... not later than 30 days of service ~fthc 'request"). 
while discussing settlement, no need for our action exists at this time.5 Therefore. the Motion is 

denied. 

On February 10, 2013, Respondent sent us a facsimile of two copies ofthe 

Answer.'' According to the accompanying Certificate of Service, the original of the Answer was 

faxed, and a copy mailed, to the FAA Hearing Docket on February 10, 2013 7 Because it did not 

properly Jile the Answer. 8 Respondent shall promptly llle an original and one copy thereof and 

also serve a copy thereof on Complainant and the undersigned9 

SOORDERIW. 

Attachment - Service List 

5 Brian Wal/aesa, I'DMS No. FAA-20 I 0-0628. Ordcr'ofChief Administrative Law Judge Denying 

Respondent's Motion for Extension of"I"lme at 2 (Feb. '16, 201 I_); available al 

http://www.regu{ations.gov/#!documentDetail;D=FAA-201 0-0628~0019 (motion to extend exhibit and dis.<:overy 

deadlines unnecessary absent order establishing procedural schedule); City q(Chicago. FDMS No. FAA-2005-

22671, Order Denying Motion to Suspend Discovery Deadlines at 2 (Nov. 9, 2005), available ar 

http://www .regulations.gov/#!documentDetait;D=FAA-2005-226 71-0003 (motion to suspend distovery deadlines: 

same result); Mal co !'rods., /11C., FDMS No.FAA-2002·12285, Order of Chief Administrative Law Judge at 2 (Jan. 

14, 2003), available at http://www.regulations,gov!#!documentDetaii;D"'" AA-2002-12285-0009 (motion to 

continue proposed procedural schedule; same result)~ 

''Letter at I (Feb. 10. 2013) ("Enclosed tor 11\ing please find Tmns Time Express's Answerto FAA's Complaint.") 7 /d. at 7. On March 5. 201 J, the Manager, Adjudication Branch, AGC~430, advised that the Hearing Docket 

had not received a copy of the Ans\\-'er, and we. emailed a PDF version ofthe faxed Answer \\'e had received. As of 

April 25, 20 !3, no image of the Answer is availabk at regulations.gov. 

H: See 14 C.F.R. § l3.209(b) ("A person fillng an answer shall personal~v delirer or muil the original and one 

copy r?(the ansH'er for filing- with the hearing d(Kket clerk") (emphasis added). 

<J. Though we suggest that ·'parties who serve submissions on the Judge. by regular mail , .. also fax, express carrier, or personalty deliver those submissions,·· see, e.g,, Order of Chief Adm.inistrative Law Judge Establishing Procedures at 3 (Dec, 21, 2012) .. facsimile is not an authorized met11od of filing or servke, see§§ 13.21 O(al. 13211 (b). 

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Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

SERVICE LIST 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AOC-430 

Wilbur Wright Building-~uite 2Wl000lfl 

FDMS NO. FAA-2012-1260 

(Civil Penalty Action) 

ONE COPY (FOLLOWING COURTESY COPY BY FAX/EMAIL, IF APPLICABLE) 

Cameron Niakan, Respondent "s Counsel 

10101 Grosvenor Pl. #620 

Rockville. MD 20852 

TEL: 202-276-4726 

FAX: (None Provided) 

El'vlAIL: cn@Niakanlaw.com 

Charles Raley, Complainant's Counsel 

Sabrina Jawed, Complainant's Counsel 

Enforcement Division, AGC-300 

Office of the Chief Counsel, FAA 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-3357 

FAX: 202-267-5106 

The Honorable Ronnie A. Yoder, 

ChiejAdministrarive Law Judge 

U.S. Department ofTransportati011 

Office of Hearings. M-20 

1200 New Jersey A venue. S. E. (E 11-310) 

Washington. DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

10 Service was by U.S. Mail. For serviye ln person or by expedited courier, use the following address: Federal 

Aviation Administration. 600 Independence Avenue, S.W, Wilbm Wright Buildingw .... w .. Suite 2Wl000, Washington, 

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

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