In The Matter Of: 

SERVED NOVEMBER 7, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC ~iJiZ 

SOUTHERN AIR SERVICES 

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Docket No. F AA-2012-0784 

Case No. 2011-S0-15 ... 0086 

Respondent 

ORDER GRANTING CONTINUANCE, SETTING 

SECOND RULE 16 LITIGATIONSCHEDULING CONFERENCE AND 

GRANTING/DENYING OTHER RELIEF 

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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 their joint CR 26(f) Scheduling/Discovery Plan on or before W.ednesday, 

October 31,2012, and to 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 not yet executed final settlement documents. 

On Wednesday, October 31, 2012,the parties failed to file a joint Rule 26(f) Proposed 

Scheduling/Discovery Plan. 

On November 5, 2012 and November 6, 2012 the Office of Hearings (OH) attorney staff 

telephoned the FAA and left voice mail messages, inquiring if,the parties had settled or if a 

continuance of the November 7, 2012 Rule 16 Conference was requested. 

On November 7, 2012, prior to the Rule 16 Conference, the OH clerical staff spoke by 

telephone with the FAA, and was advised that the parties had not yet executed final settlement 

documents. 

On November 7, 2012 the parties appeared by telephone for the Rule 16 Litigation 

Scheduling Conference. The FAA and the Respondent agreed that settlement was imminent, and 

that they needed a brief extension of time 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 

After having reviewed the pleadings in this case, and having considered all relevant 

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

IT IS HEREBY ORDERED: 

· 1. The parties' joint Request for Continuance of the 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 of Hearings 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 

Wilbur Wright Building-Suite 2W10001 

Mr. Christopher R. Stevenson, Esq. 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

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 Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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 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;