In The Matter Of: 

## SERVED: May 2, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2016-4263 BUSH AIR CARGO, INC. ) ) ) ) ) Case No. 2015WP910102 Respondent
ORDER GRANTING CONTINUANCE OF RULE 16 LITIGATION SCHEDULING CONFERENCE ·' !

On April 19, 2016, an Order Setting a Rule 16 Litigation Scheduling Conference and Directing the Parties to Conferand File a Rule 26(f) Proposed Discovery Plan was filed ("Order"). Among otherthings, this Order set Thursday, June 23, 2016, at 1:30p.m. Eastern time for the parties to convene for a Rule 16 Litigation Scheduling Conference. Seven (7) days later, on April26, 2016 at 6:15p.m., the FAA informally contacted by telephone the Office ofHearings ("OH") and left a detailed message for the legal assistant staff. The FAA stated that it had a conflict with the June 23,2016 date. The FAA had already conferred with the Respondent, and bothpartiesjointly offered three alternate dates for the Rule 16 Litigation Scheduling Conference, but no times within those three dates. A. BriefDiscussion: Between April 27, 2016 and April 28, 2016 the OH legal assistant staffexchanged informal telephone and email communications with the FAA and the Respondent. As ofApril 28, 2016 the OH legal assistant staffhad confirmed withbothparties that the Rule 16 Litigation Scheduling Conference would be continuedto Wednesday, June 29,2016, at IO:OOa.m. Notime zone was specified in these communications. Since Alaskatime is four (4) hours behind Easterntime, it appears that the FAA and the Respondent assumed the 1 O:OOam proffered time to be Alaskatime, whichis 2:00p.m. Easterntime. B. Conclusion Pursuantto 14 C.F.R. 

### § 13.205, and after reviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being fully advised; 1. The FAA's and Respondent's agreed informal request for a continuance ofthe Rule 16 Litigation Scheduling Conference is granted. 2. June 29,2016,at 2:00p.m. Eastern time: The June 23,2016 Rule 16 Litigation Scheduling Conference is continued to Wednesday, June 29, 2016, at 2:00p.m. Eastern time. The parties will be notified prior to the Conference what numberto use to access the Court'sconference line. 3. June 16,2016: Pursuant to the April19, 2016 Order, on orbefore Thursday, June 16, 2016, the parties shall file a Rule 26(f) Proposed Scheduling/Discovery Plan.

U.S. Admimstrative Law Judge

Attachment: Service List

Page 2 of2DocketNo. FAA-2016-4263 (Civil Penalty Action) 

### 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 WilburWright Building-Suite2W10001

Mr. Kyle Lomazow Complainant's Counsel Attn: Patricia 

### L. Baysinger Federal Aviation Administration Enforcement DivisionWestern Team 222 West

## ih Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5264 FAX: 907-271-2800 Mr. Barton M. Tierman ONE COPY

Respondent'sPresidentandGeneral Counsel Bush Air Cargo, Inc. P.O. Box 93144 Anchorage, AK 99509 TEL: 907-277-7657 Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

1Service 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 2WI000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.