In The Matter Of: 

### SERVED: February24, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-3307 FELTS FIELD AVIATION ) ) ) ) ) Case No. 2015WP910090 Respondent

ORDERFINDING GOOD CAUSE, DIRECTING THE FAATO CONFERWITH RESPONDENT, SETTING A SECOND RULE 26(F) DEADLINE, AND A SECOND RULE 16 LITIGATION SCHEDULING CONFERENCE

On February 9, 2016, an Order Setting Show Cause Deadline Re Dismissal was filed. Among otherthings, this Order directed the FAA to file a written Show Cause Statement with this Court on orbefore February 25, 2016, to explain any reasons why the case should notbe dismissed, for the FAA's failure to appear and prosecute the action. On February 23, 2016 the FAA filed its Response to Orderto Show Cause, in which it accepted responsibility for its failure to prosecute the action, provided anexcuse for such error, and requested a second opportunity to be fully attentive to the case. The FAA did not, however, provide any steps it had taken to correct its internal mishandling ofits mail, orany assurance that the problem would not occur again. Pursuant to 14 C.F.R. § 13.205, and havingreviewedthe case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; ITIS HEREBY ORDERED: 1. The FAA'sResponse is accepted as good cause in this specific case. 2. The FAA is directedto take all needed steps in its office to ensure that when itreceives Orders inthis action, the Orders are properly filed inthe litigation file and any directivesand deadlines contained in such Orders are entered onthe FAA attorney's calendar. The FAA shall provide an oral report atthe Rule 16Litigation Scheduling Conference ofthe steps ithas takento ensure that such errors won't occur again. 3. The FAA is directed to contact the Respondent and confer withthe Respondent about litigation issues and proposed scheduling, pursuantto the previous directive contained in the December 1, 2015 Order (Order, 1-2**~** 2). As part ofthis informal conference, the FAA shall meaningfully participate withthe Respondent inpreparing ajointlywritten Proposed Litigation Scheduling/Discovery Plan. 4. Based on the parties' informal discussion the parties shall file with this Court, 

### on or before April6, 2016, ajointly written Proposed Litigation Scheduling/Discovery Plan. The filing requirements contained in the December 1, 2015 Order (Order, 2**~** 3-4) are reconfirmed. 5. The parties shall appear by telephone on 

### Thursday, April14, 2016, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. The discussionwill encompass all matters identified inthe December 1, 2015 Order (Order, 1**~** 1). The parties shall access the Conference by dialing 202-493-2343. 6. Ifeitherparty needs clarification or has any questions regarding theprocedures contained inthis Order, contact Ms. Rachael Brown, Judicial StaffAssistant, at the Office of Hearings (202-366-2132).

Attachment: Service List

Page 2 of2DocketNo. FAA-2015-3307 (Civil Penalty Action)



### SERVICE LIST-BYU.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 2Wl000 1 ONE COPY 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 FAX: 425-227-1007 Mr. Mark J. Conlin Respondent's Counsel Conlin, Maloney & Miller 421 W. Riverside Ave., Suite 911 Spokane, WA 99201 TEL: 509-624-3020 FAX: 509-623-1650 Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Felts Field Aviation, Inc. Respondent 14 East Main Ave. Spokane, W A 99201-0405

1Service was by U.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.