### 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: ) ) DocketNo. FAA-2015-1321 Fisher Scientific Company, LLC ) ) Case No. 2011S0700457 Respondent )



### ORDERLIFTING STAY, RESUMING THE PROCEEDINGS, AND DIRECTING THE PARTIES TO MEET AND CONFERREGARDING A LITIGATION SCHEDULE
OnJune 23,2015, the Respondent filed a Motion to Dismiss Complaint for Insufficiency and for Complaint's Violation ofRule 208 ("Motionto Dismiss") in the above captioned case. OnOctober 4, 2016, the undersignedjudgeheld a preheating conference where the parties presented oral arguments regarding the Respondent's Motionto Dismiss. During the preheating conference, the undersignedjudgereserved ruling on Respondent's previously filed motions. That same day, Respondent's Counsel filed a Notice oflnterlocutoryAppeal ofRight based upon a failure ofthe Administrative LawJudge 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 ofRule 208. On October 6, 2016, the undersignedjudge issued an Order Staying Proceedings pending the disposition ofthe Respondent's interlocutory appeal, pursuantto 14 C.F.R. § 13.215. On December 8, 2016, the Director ofthe Office ofAdjudication1issued an Order Dismissing Interlocutory Appeal. OnDecember 13, 2016, the Respondent filed an answer.

1The FAA Administrator has delegated the authority to take this type ofaction to the Director ofthe Office of Adjudication. See Delegation ofAuthority, 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 undersignedjudge to establish a litigation schedule inthis 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 orbefore March 7, 2017, the parties shall submitto the undersignedjudge ajointreport With a proposed litigation schedule which includes the following:
a. a proposed schedule for the exchange and completion ofdiscovery, b. a proposed due date for the filing ofany prehearing motions (including a proposed date for a telephonic hearing on any filed motions, ifso desired),
c. a proposed date for a telephonic prehearing conference withthe undersignedjudge 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 encouragedto considerthe possibility ofsettlement and compromise onthis 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 bythe undersignedjudge.

Attachment: Service List ...-DOUGLAS M. RAWALD Administrative Law Judge

2 The procedural rules at 14 C.F.R. § 13.217 provide an example ofthe 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 ofthe 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 ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2015-1321 (Civil Penalty Action)

4 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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.