InThe Matter Of: 

## SERVED: November 14,2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0687 VECTORUSA LLC ) ) ) ) ) Respondent Case No. 2011S0070002

ORDERDIRECTING PARTIES TO CONFERAND FILE AN AGREED BRIEFING SCHEDULE • : ! • .._. 'j

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On October 1, 2014, the FAA filed the Complaint alleging that onmultiple dates between May 24, 2010 and November 10, 2010, Respondent violated various Federal Aviation Regulations.1 OnNovember 3, 2014, the Respondent filed its Answer to Complaint ("Answer"). As an affirmative defense, the Respondent asserted that the October 1, 2014 Complaint was untimely under49 U.S.C. 

### § 46301(c). The Respondent requested thatthe Complaintbe "dismissed." A. BriefDiscussion: According to the Respondent, its affirmative defense is based upon "thetwo (2) year Statute ofLimitations set forth in49 U.S. Code, section 46301(c)[.]" (Ans., 2 IJ2.) The two-year limitationperiod is actually found at 49 U.S.C. 

### § 4630(d)(7)(C). Section46301(d)(7), 49 U.S.C, provides inpart: (A) The Administrator may impose a penalty on a person (except anindividual acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an opportunity for a hearing onthe record. 

## * * * (C) Except for good cause, a civil action involving a penaltyunderthis paragraph maynotbe initiated later than 2 years after the violation occurs. 49 U.S.C. 

### § 46301(d)(7)(A), (C).

1 Specifically, 14 C.F.R. §§ 91.7(a), 91.407(a)(2), 91.405(a), 91.405(b), 135.25(a)(2), and 135.443(a)(2).I

I • I The Respondent's Answer did notprovide inclusive facts in support ofits request for dismissal (e.g., the issuance date oftheNotice ofProposed Civil Penalty, etc.). The Answer also did not include a fully developed argument about the applicable law. The Respondent's request is essentially a Motionto Dismiss. The parties should address this disputed matterbefore any discovery is conducted onthe charged allegations or any hearing is scheduled. Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, andbeing fully advised; IT IS HEREBY ORDERED: 1. The FAA and the Respondent shall confer privately to discuss a mutually convenient briefing schedule to address the Respondent's Motion to Dismiss. 2. On or before December 9, 2014 the parties shall file a Proposed Agreed Briefing Schedule onthe Motionto Dismiss. This Proposal should also include whether or notthe parties would like to present an oral argument onthe Motion after the submission of briefs, and ifso, provide at leastthree (3) mutually-agreed, proposed alternate dates/times for such oral argument for the Judge's consideration. 3. For any questions aboutthis procedures contained inthis Order, contact Mr. Cody 

### L. Smith, Attorney-Advisor atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of 2

### j I DocketNo. FAA-2014-0687 (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 2W10002

Ms. AndreaMichelle Harper 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. James R. Hammerton 

### Respondent's Counsel 169 LedgemontDr. Edmond, OK 73013 TEL: 405-562-1867
Judge J.E. Sullivan 

### US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY

Mr. Ken Hammerton, President Vector-USA, LLC d/b/a Vectair-USA, LLC, 

### Respondent 11299 Airport Rd. Olive Branch, MS 38654 TEL: 901-351-6311

2 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: FederalAviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.