In The Matter Of: 

SERVED: May 2, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2016-4263 

BUSH AIR CARGO, INC. 

) 

) 

) 

) 

) 

Case No. 2015WP910102 

Respondent 

ORDER GRANTING CONTINUANCE 

OF RULE 16 LITIGATION SCHEDULING CONFERENCE 

·' ! 

On April 1 9, 2016, an Order Setting a Rule 16 Litigation Scheduling Conference and 

Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan was filed 

("Order"). Among other things, this Order set Thursday, June 23, 2016, at 1:30 p.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 of Hearings ("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 both parties jointly offered three alternate dates for the Rule 

16 Litigation Scheduling Conference, but no times within those three dates. 

A. Brief Discussion: 

Between April 27, 2016 and April 28, 2016 the OH legal assistant staff exchanged 

informal telephone and email communications with the FAA and the Respondent. As of April 

28, 2016 the OH legal assistant staff had confirmed with both parties that the Rule 16 Litigation 

Scheduling Conference would be continued to Wednesday, June 29,2016, at I O:OOa.m. No time 

zone was specified in these communications. Since Alaska time is four ( 4) hours behind Eastern 
time, it appears that the FAA and the Respondent assumed the 1 O:OOam proffered time to be 

Alaska time, which is 2:00p.m. Eastern time. 

B. Conclusion 

Pursuant to 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 of the 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 number to use to access 

the Court's conference line. 

3. June 16,2016: Pursuant to the April19, 2016 Order, on or before 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 of 2 
Docket No. 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 

Wilbur Wright Building-Suite 2W 10001 

Mr. Kyle Lomazow 

Complainant's Counsel 

Attn: Patricia L. Baysinger 

Federal Aviation Administration 

Enforcement Division Western Team 

222 West ih A venue, Box 14 

Anchorage, AK 99513-7587 

TEL: 907-271-5264 

FAX: 907-271-2800 

Mr. Barton M. Tierman 

ONE COPY 

Respondent's President and General Counsel 

Bush Air Cargo, Inc. 

P.O. Box 93144 

Anchorage, AK 99509 

TEL: 907-277-7657 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

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 2W I 000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.