SERVED: SEPTEMBER 10,2013

'::'y"'yr' T"IT 0'- ,:_, t"l1 J'/ILh r

US. DEPARTMENT OF TRANSPORTATIO~;/~?o'9mNTICI0)~;r.

OFFICE OF HEARINGS ''',0. '-' ,_I" , 1\0

WASHINGTON, DC ZfiIJS::? I I A c;: 3b

In The Matter Of:

LOCAIR, INC., BRIAN L. HALL,

RORY C. CREWS, and PEDRO E. BAEZ

Respondents

)

)

)

)

)

)

Docket No. OST-2013-0065

(Enforcement Proceeding)

ORDER SETTING CONFERENCE ON PROPOSED CONSENT ORDER

On July 2, 2013, an Order Granting Joint Motion for Postponing Rule 22 Prehearing

Conference, Litigation Planning Meeting, and Submission of Proposed Litigation Plan was filed.

This Order postponed the established deadlines so the parties could complete their settlement

efforts.

On August 22,2013, a Joint Motion for Approval of Proposed Settlement Agreement was

filed. The Joint Motion requested that the settlement terms contained in an attached consent

order be approved under 14 C.F .R. S 302.417( c). While the settlement terms appear to be in the

public interest, the form of settlement and the proposed consent order raise several issues that

require discussion (e.g. the absence of disposition of the claims against individually named

Respondents Brian L. Hall, Rory C. Crews, and Pedro E. Baez, the absence of the parties'

signatures onthe consent order, and various editing issues (e.g. the "XX" for dates that do not

allow the Judge to enter the date), etc.).

After reviewing all pleadings and documents, as well as all relevant caselaw, decisions,

regulations, statutory authority, and being fully advised:
ORDER SETTING CONFERENCE ON PROPOSED CONSENT ORDER

Page 2 of 2

IT IS HEREBY ORDERED:

1. Pursuant to 14 C.F.R. S 302.l7(a)(l)(vii), the parties shall appear by telephone on

Thursday, October 3, 2013 at 11:00 a.m. Eastern time for a prehearing conference to

discuss the proposed consent order. Prior to the conference, the Office of Hearings will

provide the parties with a call-in number and passcode.

2. The three individually named Respondents may all appear, or mutually designate one

person to appear and act as their spokesperson.

3. If a party has an unavoidable conflict with the date/time ofthe conference, and wishes to

modifY the date/time, the requesting party shall confer with the opposing party to

determine at least three (3) mutually agreeable, alternative dates/times. The requesting

party shall then contact the Office of Hearings at 202-366-6941 with the agreed, proposed

dates/times for the Judge's consideration.

Attachment: Service List
\

Docket No. OST-2013-0065

(Enforcement Proceeding)

SERVICE LIST - BY U.S. MAIL

ORIGINAL & ONE COpy

u.s. Department of Transportation

Dockets Operations, M-30

West Building, Ground Floor

Room W12-10

1200 New Jersey Avenue, S.E.

Washington, DC 20590

ONE COPY

Clereece Kroha, Esq.

Senior Trial Attorney

Office of Aviation

Enforcement and Proceedings, C-70

U.S. Department of Transportation

1200 New Jersey Avenue, S.E. (W96-472)

Washington, DC 20590

TEL: 202-366-9041

Samuel Podberesky, Esq.

Assistant General Counselfor

Aviation and Enforcement Proceedings

U.S. Department of Transportation

1200 New Jersey Avenue, S.E.

Washington, DC 20590

Judge 1. E. Sullivan

us. Administrative Law Judge

U.S. Department of Transportation

Office of Hearings, M-20

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

Washington, DC 20590

TEL: 202-366-2132

FAX: 202-366-7536

Locair, Inc., Respondent

c/o Pedro E. Baez

27700 SW 164 Ave.

Homestead, FL 33031

Mr. Brian 1.Hall

Respondent

Chief Executive Officer, Locair, Inc.

c/o Pedro E. Baez

27700 SW 164 Ave.

Homestead, FL 33031

Mr. Rory C. Crews

Respondent

President, Locair, Inc.

c/o Pedro E. Baez

27700 SW 164 Ave.

Homestead, FL 33031

Mr. Pedro E. Baez

Respondent & Agentfor Service

Vice President, Locair, Inc.

27700 SW 164 Ave.

Homestead, FL 33031

TEL: 305-283-5468.