;

In The Matter Of: 

### SERVED: MARCH 4, 2013 

## U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS W ASIDNGTON, DC

CENTRAL VIRGINIA AVIATION, INC. ) ) ) ) ) 

### ) DocketNos. FAA-2013-0044 FAA-2012-1263 Respondent Case Nos. 2012EA210031 2012EA210024


### ORDERTEMPORARILY CONSOLIDATING PROCEEDINGS AND GRANTING/DENYING OTHERRELIEF OnJanuary 23, 2013, an Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed in the matter ofCentral Virginia Aviation, Inc., DocketNo. FAA-2012-1263, Case No. 2012EA210024. Among otherthings, 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 ofHearings andthe FAA Hearing Docketrequesting a hearing in a second case ofCentral Virginia Aviation, Inc., identified as Case No. 2012EA210031. Inthis February 4, 2013 Request for Hearing, the Respondent asserted that a hearing had already been scheduled for December 3, 2013 in DocketNo. FAA-2012-1263 (Case No. 2012EA210024). The Respondent requested that the two cases be consolidated, and that the newly filed second case (CaseNo. 2012EA210031) also be set for hearing onDecember 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 DocketNo. FAA-2013-0044. OnFebruary 11, 2011, the FAA and the Respondent filed a Jointly Proposed Scheduling/Discovery Plan in DocketNo. FAA-2012-1263. In it, they recommended (among otherthings) a hearing in Richmond, Virginia on ornearthe date ofDecember 3, 2013 for the case adjudication. OnMarch 1, 2013, aNotice ofAssignment ofProceeding was filed, assigning the undersigned to preside over a second Complaint filed against Central VirginiaAviation, Inc., identified as DocketNo. FAA-2013-0044 (i.e. Case No. 2012EA210031). As oftoday's date, March4, 2013, no Rule 16 Litigation Scheduling Conference has beenheld in either ofthetwo cases involving Central Virginia Aviation, Inc. (i.e., DocketNos. 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. Pursuantto 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 afterreviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being fully advised;
IT IS HEREBY ORDERED: 

### 1. Pursuantto 14 C.F.R. 

### § 13.205, and subject to any objection the FAAmay wish to raise, DocketNos. 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 ofHearings will provide the parties a conference call-in number and passcode priorto the Conference. 3. During the April4, 2013 Rule 16 Litigation Scheduling Conference, the FAA shall be preparedto state any objection(s) itmight have to the Respondent's February 4, 2013 inferred Motionto consolidate the two cases for adjudication. 4. In the absence ofany objection, onApril4, 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 orthe procedures contained inthe January 23, 2013 Order should contactthe Office ofHearings and speak with Mr. Cody L. Smith, Attorney Advisor (202-366-6941).

Attachment: Service List

Page 

### 2 of3FDMS 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 2W10001

Mr. Zachary M. Berman, Esq. Complainant's Counsel Office ofthe Regional.Counsel EasternRegion · 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 CowanGates 1930 Huguenot Rd P.O. Box 35655 Richmond, VA 23235 TEL: 804-320-9100 FAX: 804-320-2950 Judge J.E. Sullivan U.S. AdministrativeLawJudge Office ofHearings, M-20 ONE COPY

U.S. Department ofTransportation 1200NewJersey 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 orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington,

. DC 20591; Attention: HearingDocket Clerk, AGC-430. Page3 of3