### SERVED: August 17,2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) DocketNo. FAA-2013-1082 Ridan Investments, Inc. Case No. 2012S0700133 Respondent



### PREHEARING CONFERENCE REPORT On August 16, 2016, the undersignedjudgeheld a prehearing conference inthe above captioned case. Counsel for the Complainant and Respondent attended the conference telephonically to discuss the following: 1. 

### Discovery The parties agreed discovery is complete. 

### 2. PendingMotions The parties agreed there are no pending motions currently awaiting decision inthis case. 

### 3. Litigation Schedule The parties agreed to the following litigation schedule:
a. Prehearing motions
1. Any motions shall be filed by 

### October 1, 2016. 11. Responses to prehearing motions shall be filed within 30 

### days ofthe·service ofthe motion. 111. Ifargument is requested by a party, a telephonic conference for argument on prehearing motions will be held on

### November 15, 2016. b. Complete witness and evidence lists shall be exchanged bythe parties and submitted to the undersignedjudge at least 30 

### days before the hearing.
c. Any subpoenarequests shall be submitted to the undersignedjudge at least 30 

### days before the hearing. d. Eachparty shall provide the undersignedjudge a CD containing digital copies of premarked versions ofall proposed exhibits at least 30 

### days before the hearing.e. The parties may, during the course ofthe hearing, request the opportunity to submit posthearing briefs pursuantto 14 C.F.R. § 13.231(c). 4. Hearing Date The parties agreed to keep the week ofJanuary 23, 2017 open for a possible hearing. 5. Substantive Issues
a. Itappears the Complainant incorrectly listed 49 C.F.R. § 172.702(c)(2) as a source of
a violation in paragraph 21 ofthe Complaint. The Complainant will review this issue and, ifnecessary, file an Amended Complaint correcting this issue. b. The Complainantwill provide notice in an Amended Complaint as to the type of "business entity" they allege Respondent to be for purposes ofdetermining the appropriate sanction range for each alleged violation. 1 6. Settlement The undersignedjudge encouraged the parties to continue to discuss possible settlement. Pursuant to 14 C.P.R.§ 13.205(a)(6) and§ 13.217(d), IT IS HEREBY ORDERED that the parties shall adhere to the litigation schedule described above inparagraph 3.

Attachment: Service List

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# __ _ DOUGLAS M. RAWALD Administrative Law Judge

1 See Department ofTransportation, FAA Order No. 2150.38, Appendix C-14; see alsoAtlas Frontiers, LLC, FAA OrderNo. 2010-10 at 6 (June 16, 2010) (describing the sanction range for entities that are alleged to have violated the hazardous material regulations).SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10002
ONE COPY Lawrence M. Burek, Respondent's Counsel 550 North Parkcenter Drive, Suite 204 SantaAna, CA 92705 TEL: 714-564-9033 FAX: 714-564-1685 Glenn H. Brown, Complainant's Counsel Enforcement Division, Western Team Federal Aviation Administration 222 W. 7th Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 The Honorable Douglas M. Rawald,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2013-1082 (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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.