(

-. f 

!~I __ ~~ --r . ,'· 

~ 

SERVED: DECEMBER 18, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

Docket No. FAA-2013-0291 

AIRBORNE MAINTENANCE 

AND ENGINEERING SERVICES 

) 

) 

) 

) 

Respondent ) 

Case No. 2011S0290032 

ORDER GRANTING RESPONDENT'S MOTION TO MODIFY 

LITIGATION SCHEDULE AND EXTEND TWO 

DISPOSITIVE MOTION DEADLINES 

On December 8, 2014, an Order Reserving the Respondent's Motion for Sanctions, and 

Directing the Parties to Engage in a Rule 3 7 Discussion was filed. 

On December 15, 2014, the FAA filed a Notice ofUnavailability ("Notice"). In this 

Notice, the FAA included a footnote comment, in which it generally agreed to a potential future 

motion that the Respondent might file requesting modification of the current litigation schedule 

for dispositive motion deadlines. (Notice, 1 at fn. 2.) 

On December 16, 2014 the Respondent filed a Motion to Extend Deadline for Filing 

Dispositive Motions ("Motion to Extend"). In this Motion to Extend, the Respondent requested 

modifying the current litigation schedule 1 by extending two deadlines: a) the filing deadline for 

dispositive motions from January 15, 2015 to January 30, 2015, and, b) the filing deadline for 

responses to dispositive motions from February 12, 2015 to either February 13, 2015 or February 

17, 2015. The Respondent did not request extending the deadline for dispositive motion final 

replies, or the time for oral argument on the motion(s). The Respondent also noted that "[t]he 

FAA has indicated to Respondent that it would agree to such a motion[.]" (Motion to Extend, 3.) 

1 The current litigation schedule is contained in the September 30,2014 Order Granting/Denying Relief, and 

ModifYing the Litigation Dates and Procedures. 
As noted above, the FAA also submitted some footnote comments in its December 15,2014 

Notice that indicated agreement. 

Pursuant to 14 C.F.R. §§ 13.205(a)(6), (8) and 13.213(b), and after reviewing all relevant 

caselaw, regulations, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The Respondent's December 16, 2014 Motion to Extend Deadline for Filing Dispositive 

Motions is granted. 

2. The September 30, 2014 Order Modifying the Litigation Dates and Procedures is hereby 

further modified as follows: 

a. Deadline for Filing Dispositive Motion(s). The last date for either party to file 

any/all pre-hearing dispositive motions, including Default Motions and/or Summary 

Judgment Motions is extended from January 15, 2015 to January 30,2015. 

b. Deadline for Filing Response(s) to Dispositive Motion(s). The last date for either 

party to file any/all response(s) to dispositive motions is extended from February 12, 

2015 to February 17,2015. 

c. Deadline for Filing Reply to Response: The last date for either party to file a Reply 

to a Dispositive Motion Response remains February 26, 2015. 

3. All other litigation dates and procedures contained in the September 30, 2014 Order 

Modifying the Litigation Dates and Procedures are reconfirmed. 

4. For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of 

Hearings (202-366-6941). 

Attachment: Service List 

Page 2 of 2 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0002 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

ONE COPY 

Office of the Regional Counsel, Southern Region 

P. 0. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Robert P. Silverberg 

Respondent's Counsel 

Silverberg, Goldman & Bikoff, LLP 

Georgetown Place, Suite 120 

1101 30th St., N.W. 

Washington, DC 20007 

TEL: 202-944-3300 

FAX: 202-944-3306 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200NewJersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

FDMS No. FAA-2013-0291 

(Civil Penalty Action) 

2 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 2W1000, Washington, 

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