### In The Matter Of: 

### SERVED: February5, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

;'"'"· ,_·..,;:;; DocketNo. FAA-2015-2442 B & G INDUSTRIES, LLC ) ) ) ) ) Case No. 2013NM910238 Respondent 

### ORDERCANCELLING THE CONTINUED RULE 16 CONFERENCE AND ASSOCIATED DEADLINE, AND DISMISSING THE PROCEEDING OnJanuary 21,2016, the parties appeared bytelephone for the Rule 16 Litigation Scheduling Conference. The FAA orally moved for a continuance ofboththe Rule 26(f) submission andthe Rule 16 Litigation Scheduling Conference to allowthe parties time to discuss a settlement. The Respondent did not object; and this Court grantedthe motions. OnJanuary 27,2016, an Order Continuingthe Deadlines. for the Rule 26(f) Jointly Proposed Discovery Plan and Rule 16 Litigation Scheduling Conference was filed. This Order codifiedthe oral ruling made onJanuary 21, 2016, continuing to February 11, 2016, the deadline for the parties to file a Joint Discovery Plan, and continuingthe Rule 16 Litigation Scheduling Conference to February 18,2016. OnFebruary 1, 2016, FAAcounsel notified the Office ofHearings ("OH") attorney staff ofF AA counsel's beliefthat the Respondent had filed a withdrawal ofits request for hearing. On February 4, 2016, the OH attorney staffspoke to Respondent's representative by telephone. Respondent's representative statedthat onJanuary 21,2016, he had faxed a Notice of Withdrawal ofRequestfor Hearingto the OH. The OH attorney staffasked the Respondent's representative to resend the Withdrawal to the OH and send the Withdrawal to the FAAHearing Docket.Later that same day, February 4, 2016, the Respondent filed its Notice ofWithdrawal of Request for Hearing, dated January 21,2016, stating the parties "have agreed to a Settlement Agreement" andthe Respondent, therefore, withdraws its request for a hearing. Afterhaving reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; 

### IT IS HEREBY ORDERED: 1. The February 11, 2016 deadline for the parties to submit a Ru1e 26(f) Joint Discovery Plan is cancelled. 2. The Ru1e 16 Litigation Schedu1ing Conference, set for February 18, 2016, at 1:30 p.m. Easterntime, is cancelled. 3. Pursuantto 14 C.P.R.§ 13.215, the Respondent has withdrawn its Request for Hearing, andthis proceeding is dismissed withprejudice.

Attachment: Service List

Page 2 of2

### DocketNo. FAA-2015-2442 (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 2W1000 1



### Mr. Robert Spitzer Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, WA 98057 TEL: 425-227-1847 FAJ<: 425-227-1007 Mr. Karl Bertagnole, President B & 

### G Industries, LLC Respondent POBox669 Greybull, WY 82426 TEL: 307-765-9911 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 ONE COPY



### U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAJ<: 202-366-7536

1 Service was byU.S. Mail. For service inperson 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.

## B&G INDUSTRIES, LLC AIRCRAFT OPERATIONS POBOX 669, GREYBULL WYOMING 82426 (307) 765-9911 

### January 21, 2016 Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building--Suite 2Wl000 800 Independence Avenue SW Washington, DC 20591 

### RE: FAA Case No 2013NM910238 Dear Sirs, U.S.DEPT.OF TRANSP l-JIM 

### ·OFFICE OF HEAR aO. tNDUSTRJes 

## 1UihfEB-ll

# P~ AIRCKAPT OPEKATIOI'IS



### We have agreed to a Settlement Agreement 

### as proposed by the FAA in the Case Number referenced above. We therefore withdraw our request ahearing in this matter per the letterpreviously sent on July 20, 2015. Thankyou for your assistance.