In The Matter Of: 

SERVED: February 5, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, DC 

;'"'"· ,_·..,;:;; 

Docket No. FAA-2015-2442 

B & G INDUSTRIES, LLC 

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Case No. 2013NM910238 

Respondent 

ORDER CANCELLING THE CONTINUED RULE 16 CONFERENCE AND 

ASSOCIATED DEADLINE, AND DISMISSING THE PROCEEDING 

On January 21,2016, the parties appeared by telephone for the Rule 16 Litigation 

Scheduling Conference. The FAA orally moved for a continuance of both the Rule 26(f) 

submission and the Rule 16 Litigation Scheduling Conference to allow the parties time to discuss 

a settlement. The Respondent did not object; and this Court granted the motions. 

On January 27,2016, an Order Continuing the Deadlines. for the Rule 26(f) Jointly 

Proposed Discovery Plan and Rule 16 Litigation Scheduling Conference was filed. This Order 

codified the oral ruling made on January 21, 2016, continuing to February 11, 2016, the deadline 

for the parties to file a Joint Discovery Plan, and continuing the Rule 16 Litigation Scheduling 

Conference to February 18,2016. 

On February 1, 2016, FAA counsel notified the Office of Hearings ("OH") attorney staff 

ofF AA counsel's belief that the Respondent had filed a withdrawal of its request for hearing. 

On February 4, 2016, the OH attorney staff spoke to Respondent's representative by 

telephone. Respondent's representative stated that on January 21,2016, he had faxed a Notice of 

Withdrawal ofRequest for Hearing to the OH. The OH attorney staff asked the Respondent's 

representative to resend the Withdrawal to the OH and send the Withdrawal to the FAA Hearing 

Docket. 
Later that same day, February 4, 2016, the Respondent filed its Notice of Withdrawal of 

Request for Hearing, dated January 21,2016, stating the parties "have agreed to a Settlement 

Agreement" and the Respondent, therefore, withdraws its request for a hearing. 

After having 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. 

Eastern time, is cancelled. 

3. Pursuant to 14 C.P.R.§ 13.215, the Respondent has withdrawn its Request for Hearing, 

and this proceeding is dismissed with prejudice. 

Attachment: Service List 

Page 2 of2 
Docket No. FAA-2015-2442 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

· Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Robert Spitzer 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave., S.W. 

Renton, W A 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 Law Judge 

Office ofHearings, M-20 

ONE COPY 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

F AJ<: 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 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
B&G INDUSTRIES, LLC 

AIRCRAFT OPERATIONS 

PO BOX 669, GREYBULL WYOMING 82426 

(307) 765-9911 

January 21, 2016 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building--Suite 2Wl 000 

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 a hearing in this matter per the letter previously sent 

on July 20, 2015. 

Thank you for your assistance.