; 

In The Matter Of: 

SERVED: MARCH 4, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASIDNGTON, DC 

CENTRAL VIRGINIA 

AVIATION, INC. 

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Docket Nos. FAA-2013-0044 

FAA-2012-1263 

Respondent 

Case Nos. 2012EA210031 

20 12EA21 0024 

ORDER TEMPORARILY CONSOLIDATING PROCEEDINGS 

AND GRANTING/DENYING OTHER RELIEF 

On January 23, 2013, an Order Setting Rule 16 Litigation Scheduling Conference, and 

Directing Rule 26(f) Planning and Submission was filed in the matter of Central Virginia 

Aviation, Inc., Docket No. FAA-2012-1263, Case No. 2012EA210024. Among other things, this 

Order set a Rule 16 Litigation Scheduling Conference for April4, 2013. 

On February 4, 2013, the Respondent, through counsel, filed a one-page letter with the 

Office of Hearings and the FAA Hearing Docket requesting a hearing in a second case of Central 

Virginia Aviation, Inc., identified as Case No. 2012EA210031. In this February 4, 2013 Request 

for Hearing, the Respondent asserted that a hearing had already been scheduled for December 3, 

2013 in Docket No. FAA-2012-1263 (Case No. 2012EA210024). The Respondent requested 

that the two cases be consolidated, and that the newly filed second case (Case No. 

20 12EA21 0031) also be set for hearing on December 3, 2013. 

Three days later, on February 7, 2013, the FAA filed a second Complaint against Central 

Virginia Aviation, Inc., identified as Case No. 2012EA210031. This second Complaint was 

subsequently assigned Docket No. FAA-2013-0044. 

On February 11, 2011, the FAA and the Respondent filed a Jointly Proposed 

Scheduling/Discovery Plan in Docket No. F AA-2012-1263. In it, they recommended (among 

other things) a hearing in Richmond, Virginia on or near the date of December 3, 2013 for the 

case adjudication. 

On March 1, 2013, a Notice of Assignment of Proceeding was filed, assigning the 

undersigned to preside over a second Complaint filed against Central Virginia Aviation, Inc., 

identified as Docket No. FAA-2013-0044 (i.e. Case No. 2012EA210031). 

As oftoday's date, March 4, 2013, no Rule 16 Litigation Scheduling Conference has 

been held in either ofthe two cases involving Central Virginia Aviation, Inc. (i.e., Docket Nos. 

FAA-2012-1263 and FAA-2012-1263), and no hearings have been scheduled in either matter. In 
..... 

addition, the FAA has not yet responded to the Respondent's February 4, 2013 recommendation 

that the two cases be consolidated for litigation. 

Pursuant to 14 C.F.R. §13.205(a)(6), Civ. R. 16, 14 C.F.R. §13.217, and 14 C.F.R. 

§ 13.218, and after reviewing all pleadings and documents, as well as all relevant caselaw, 

decisions, regulation, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. Pursuant to 14 C.F.R. § 13.205, and subject to any objection the FAA may wish to raise, 

Docket Nos. FAA-2012-1253 and FAA-2013-0044 are temporarily consolidated. 

2. The parties shall appear by telephone on Thursday, April4, 2013, at 1:30 p.m. Eastern 

time for the Rule 16 Litigation Scheduling Conference in the temporarily consolidated 

proceedings. The Office of Hearings will provide the parties a conference call-in number 

and passcode prior to the Conference. 

3. During the April4, 2013 Rule 16 Litigation Scheduling Conference, the FAA shall be 

prepared to state any objection(s) it might have to the Respondent's February 4, 2013 

inferred Motion to consolidate the two cases for adjudication. 

4. In the absence of any objection, on April4, 2013 the parties shall address litigation 

matters concerning both Docket Nos. FAA-2012-1253 and FAA-2013-0044 during the 

Rule 16 Litigation Scheduling Conference, as identified in the January 23, 2013 Order 

Setting Rule 16 Litigation Conference, and Directing Rule 26(f) Planning and 

Submission. 

4. Any party with questions about this Order or the procedures contained in the January 23, 

2013 Order should contact the Office of Hearings and speak with Mr. Cody L. Smith, 

Attorney Advisor (202-366-6941). 

Attachment: Service List 

Page 2 of3 
FDMS Nos. FAA-2012-1263 & FAA-2013-0044 

(Civil Penalty Action) 

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-Suite 2W1 0001 

Mr. Zachary M. Berman, Esq. 

Complainant's Counsel 

Office of the Regional. Counsel 

Eastern Region · 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. David H. Gates, Esq. 

Ms. Katherine G. Gray, Esq. 

Respondent's Counsel 

Cowan Gates 

1930 Huguenot Rd 

P.O. Box 35655 

Richmond, VA 23235 

TEL: 804-320-9100 

FAX: 804-320-2950 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

ONE COPY 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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 2Wl000, Washington, 

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

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