SERVED: DeceQtber 22, 2016 

OEPeRsi~~~3ftoEPARTMENT OF TRANSPORTATION 

lR~" OFFICE OF HEARINGS 

t'\~ QEC 22 p 2: 2'o WASHINGTON, DC 

OOC~E\ OPER~1\0NS In The Matter Of: ) 

) Docket No. FAA-2015-1321 

Fisher Scientific Company, LLC ) 

) Case No. 2011S0700457 

Respondent ) 

ORDER LIFTING STAY, RESUMING THE PROCEEDINGS, AND DIRECTING THE 

PARTIES TO MEET AND CONFER REGARDING A LITIGATION SCHEDULE 

On June 23,2015, the Respondent filed a Motion to Dismiss Complaint for Insufficiency and 

for Complaint's Violation of Rule 208 ("Motion to Dismiss") in the above captioned case. 

On October 4, 2016, the undersigned judge held a preheating conference where the parties 

presented oral arguments regarding the Respondent's Motion to Dismiss. During the preheating 

conference, the undersigned judge reserved ruling on Respondent's previously filed motions. 

That same day, Respondent's Counsel filed a Notice oflnterlocutory Appeal of Right based 

upon a failure of the Administrative Law Judge to dismiss the proceedings in accordance with 

14 C.F.R. §13.215. 

On October 5, 2016, the Respondent filed its Notice·ofWithdrawal ofRespondent's Motion 

to Dismiss Complaint for Insufficiency and for Violation of Rule 208. 

On October 6, 2016, the undersigned judge issued an Order Staying Proceedings pending the 

disposition of the Respondent's interlocutory appeal, pursuant to 14 C.F.R. § 13.215. 

On December 8, 2016, the Director of the Office of Adjudication 1 issued an Order 

Dismissing Interlocutory Appeal. 

On December 13, 2016, the Respondent filed an answer. 

1 The FAA Administrator has delegated the authority to take this type of action to the Director of the Office of 

Adjudication. See Delegation of Authority, 81 Fed. Reg. 24,686 (Apr. 26, 2016). 
Pursuant to 14 C.F.R. § 13.205(a)(l) and (7), IT IS HEREBY ORDERED: 

1. The stay is lifted. 

2. Parties Informal Planning Conference 

To assist the undersigned judge to establish a litigation schedule in this case, the parties shall 

privately conduct an informal planning conference to discuss and develop a proposed litigation 

schedule that will then be submitted to the undersignedjudge.2 

3. Proposed Litigation Schedule 

On or before March 7, 2017, the parties shall submit to the undersigned judge a joint report 

With a proposed litigation schedule which includes the following: 

a. a proposed schedule for the exchange and completion of discovery, 

b. a proposed due date for the filing of any prehearing motions (including a proposed 

date for a telephonic hearing on any filed motions, if so desired), 

c. a proposed date for a telephonic prehearing conference with the undersigned judge 

regarding the litigation schedule, and 

d. proposed hearing dates. The parties should provide at least three alternative dates on 

which the hearing may be held after September 1, 2017 that are acceptable to all 

parties and include sufficient time for the hearing to account for any unexpected 

delays. 

4. Settlement Discussions 

In accordance with 14 C.F.R. § 13.16, the parties are encouraged to consider the possibility 

of settlement and compromise on this matter. Settled cases will not be dismissed and removed 

from the hearing docket until the proper written pleadings, 3 consistent with the applicable rules, 

are received by the undersigned judge. 

Attachment: Service List 

...-DOUGLAS M. RAWALD 

Administrative Law Judge 

2 The procedural rules at 14 C.F .R. § 13.217 provide an example of the topics the parties should discuss. 3 See 14 C.F.R. § 13.215 (describing the method by which a party may withdraw). 
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 2W10004 

Jerry W. Cox, Respondent's Counsel 

Counsel for Thermo Fisher Scientific, Inc. 

and Fisher Scientific Co., LLC 

2050 Jamieson Ave., Suite 1212 

Alexandria, VA 22314 

TEL: 703-757-5866 

ONE COPY 

Email: jcox@potomacstrategyassociates.com 

Andrea Michelle Harper, Complainant's Counsel 

Senior Attorney, Office of the Regional Counsel 

Enforcement Division, Southern Team 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2015-1321 

(Civil Penalty Action) 

4 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.