In The Matter Of: 

## SERVED NOVEMBER 7, 2012 U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC**~iJiZ**

SOUTHERN AIR SERVICES ) ) ) ) ) DocketNo. FAA-2012-0784 Case No. 2011-S0-15
...0086 Respondent


### ORDER GRANTING CONTINUANCE, SETTING SECOND RULE 16 LITIGATIONSCHEDULING CONFERENCE AND GRANTING/DENYING OTHER RELIEF 

## -8

On September 5, 2012 an Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order directed the parties to file theirjoint CR26(f) Scheduling/Discovery Plan onorbefore W.ednesday, October 31,2012, andto appear on Wednesday, November 7, 2012 for a Rule 16 Litigation Conference. · On October 23, 2012 and again on October 31, 2012, the FAA filed a Notice of Settlement, in which it stated that the parties had reached a "settlement-in-principle" in this matter, but had notyet executed final settlement documents. OnWednesday, October 31, 2012,the parties failed to file ajointRule 26(f) Proposed Scheduling/Discovery Plan. OnNovember 5, 2012 andNovember 6, 2012the Office ofHearings (OH) attorney staff telephoned the FAA and left voice mail messages, inquiring if,the parties had settled or ifa continuance ofthe November 7, 2012 Rule 16 Conference was requested. OnNovember 7, 2012, prior to the Rule 16 Conference, the OH clerical staffspoke by telephone withthe FAA, and was advised thatthe parties had not yet executed final settlement documents. OnNovember 7, 2012 the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference. The FAA andthe Respondent agreed that settlement was imminent, and that they needed a briefextension oftime to pursue and finalize executing a settlement · agreement. The parties also provided their calendar availability for a new CR 16 Conference date.
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## ·SERVED NOVEMBER 7, 2012 Afterhaving reviewed the pleadings in this case, and having considered 

### allrelevant caselaw, regulation, statutory authority, and being fully advised;


### IT IS HEREBY ORDERED:

· 1. The parties'jointRequest for Continuance ofthe Rule 

### 16 Litigation Scheduling Conference is granted. · 2. The second CR 

### 16 Litigation Scheduling Telephone Conference is set for**T~esday,** 

### December 11,2012 

### at ll:OOam Eastern time. The Office ofHearings shall initiate the conference call. · · 3. Prior to for Tuesday, December 11, 2012, ifthe parties reach a settlement and wish to move to cancel the Rule 

### 16 Conference, they must file the necessary**settlem~nt** notice, withdrawal notice, or other necessary document(s) with the Office of Hearings
.

.Attachment

- Service List

Page 2 of2

### SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite 2W1000 1

Mr. Christopher 

### R. Stevenson, Esq. Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 SouthernRegion 

### P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAJ(: 404-305-5223 Mr. Charles S. Inderwiesen Southern Air Services 24510 State Road 64 East Myakka City, FLA 34251 TEL:**941~812-7032** ONE COPY

Judge J. E. Sullivan,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2142 FAJ(: 202-366-7536 FDMS No. FAA-2012-0784 (Civil Penalty Action)

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430;