i· 

## SERVED· NOVEMBER

. 14,2012 

# u.s. DEPARTMENT OF TRANSPORTATIONR ' OFFICE OF HEARINGS E.

# CEIVE'D

. WASHINGTON, DC
.



## . NOV 1

## 5

## 2012 In The Matter Of: 

# HEARING DOCKET DocketNo. FAA-2011-1005 COASTAL AIR TRANSPORT, INC. ) ) ) ). ) ) Case No. 1010-S0-700037 Respondent 

# > ORDERGRANTING FAA'SMOTIONFOR CONTINUANCE -l? AND GRANTING/DENYING.OTHERRELIEF 

## __

# ,

On October 23, 2012 the parties appeared by telephone for oral argument onthe FAA's Motion for Hearing on Sanction Only. After discussion withthe parties, and after consideration oftheparties' calendars, the oral argument was continued to November 19,2012 at 1:30pm. That same day, on October 23,2012, an Order Granting BriefContinuance ofOral Argument

. and Granting/Denying other Reliefwas filed. This Order codified inwriting the October 23,

2012 oral rulings. On November 6, 2012 the FAA filed the Agency's Supplemental Filing in Support oflts Motion for Hearing on Sanction Only. On November· 8, 2012 the Respondent filed the Respondents [sic] Response to FAA motion for Hearing on Sanction Only. On Friday, November 9, 2012 the FAA filed the Complainant's Motion for Continuance ofOral Argument. In this Motion the FAA attorney asserted she was having surgery on Monday, November 12, 2012, and wouldnotbe available for anyproceedings from Monday, November 12, 2012 through Friday, November 23, 2012. The FAA attorney did not explain why this calendar conflict had not beenproffered during the October 23, 2012 Motion Conference. The FAA attorney had not contacted the Respondent to advise itofthe conflict, to determine if there would be any objection to the motion, or to discuss mutually agreeable alternate dates to Page 1 of3offerto the administrative cqurt. The FAA attorney also did notprovide the name ofany

· individualat the FAA who would be availableto help answer questions aboutthe FAAMotion

for Continuance, orhelp calendar an alternate date should the Respondent agree to therelief requested. On Monday, November 12, 2012, the Office ofHearings (OH) was closed because ofthe federal holiday (Veteran'sDay). On Tuesdaymorning, November 13, 2012, the OH attorney stafftelephoned the FAA Office ofRegional Counsel for the Southern Region, and asked to speak with anyone who could help with the FAAattorney's cases inher absence. The OH attorney spoke with Ms. Stanley, the legal assistant for the FAA attorney. !yfs. Stanley did not have access to the FAA attorney's calendar, could not assist with calendaring, and did not know ofanyone at the FAA who could help with the FAA attorney's cases in her absence. That same morning, on November 13,2012, the OH attorneytelephonedthe Respondent to determine ifit had any objection to the FAA's Motion for Continuance. The Respondent had not yet received a copy ofthe FAA'sNovember 9, 2012 Motion for Continuance, and was unaware ofthe FAA'srequest. The OH attorney orally advisedthe Respondent ofthebasis of the FAA's Motion for Continuance, and the Respondenthad no objection. The Respondent also provided multiple dates ofavailability, afterNovember 23, 2012, for rescheduling the oral argument. In the afternoon ofTuesday, November 13, 2012, the OH attorney re-telephoned boththe FAA and the Respondent to give them oral notice that the FAA'sMotion for Continuance was granted. The oral argumentwas continued from Monday, November 19,2012to Thursday, December 6, 2012 at 1:30pm.Theparties were advised thatthey would also receive a written Order ofContinuance in the mail. Whenthe OH attorney contacted the FAA, he was told that attorney "Randy Hyman" was the FAAattorney's supervisor, and was handling the FAA ·attorney's cases in her absence. The OH attorney asked to speak with Ms. Hyman, who was not available. The OH attorney then left a detailed message for Ms. Hyman on her voice mail message machineregarding the continuance and the new oral argument date, as well as h1s OH contact information ifMs. Hyman had any questions. When the OH attorney contactedthe Respondent, he asked the Respondent for a current faxnumber. The Respondent stated that his current fax number was the same as his telephone number ofrecord. However, the Respondent Page 2 of3was in the process ofsetting up a newfax machine, and asked not to receive faxes until his new fax system was operational (date unspecified). 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. Pursuant to 14 C.F.R. § 13.205, 14 C.F.R. § 13.213, 14 C.F.R. § 13.218, and Civ. 

### R. 56, the FAA's Motion for Continuance ofOral Argument is granted. 2. The Telepho11e Motion Conference for Oral Argument on the FAA's Motion for Hearing on Sanction Only, currently scheduled for Monday, November 19, 2012 at.1**:30pm~** is continued to 

### Thursday,December 6, 

### 2012 at 1:30pm. All parties shall re-convene by telephone on Thursday, December 6, 2012 at I:30pm to present oral argument. 3. If, upon returnto the office, the FAA attorneyhas an unavoidable conflict withthe newly scheduled Telephone Motion Conference for Oral Argument set inparagraph 2 

### supra, and wishes to modifythe date/time ofthe scheduled Conference, the FAA shall first confer whhthe Respondent about mutually agreeable alternate dates, and then the FAA

.shall contact Attorney-AdvisorMr. Cody L. Smith at the Office ofHearings (202-366-
. 6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for theJudge's consideration. 4. The Respondent should make itselfavailable for litigation communication by fax, especially given the delay the Respondent has reported experiencing in receiving U.S. mailings. TQ.e Respondent shall notify both the Office ofHearings and the FAA attorney ofits newfax number as soon as its' new fax system is operational. Until that notification occurs, however, the Respondent's fax nmnber ofrecord is the same number as his telephone number ofrecord: i.e., 340-773-6862.

Attachment: Service List

Page 3 of3FDMS No. FAA-2011-1005 (Civil Penalty Action) 

### SERVICE LIST- BY 

### U.S. MAIL and FAX ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001

Mr. George Logan, Agent for Service Coastal AirTransport, Inc., 

### Respondent 1131 King Street, Suite 204 Christiansted, St. Croix, VI 00820-4971 

### ONE COPY

Mr. Michael Foster, President- by mail & fax Coastal Air Transport, Inc., 

### Respondent P.O. Box 3985 Christiansted, St. Croix, VI 00822 TEL & FAX: 340-773-6862 Ms. Rashawn Rich George, 

### Complainant's Counsel- by mail & fax Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta GA 30320 TEL: 404-305.,5200 FAX: 404-305-5223 The Honorable J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.