In The Matter Of: 

SERVED: February 24, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2015-3307 

FELTS FIELD AVIATION 

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Case No. 2015WP910090 

Respondent 

ORDER FINDING GOOD CAUSE, 

DIRECTING THE FAA TO CONFER WITH 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 other things, this Order directed the FAA to file a written Show Cause Statement with 

this Court on or before February 25, 2016, to explain any reasons why the case should not be 

dismissed, for the FAA's failure to appear and prosecute the action. 

On February 23, 2016 the FAA filed its Response to Order to Show Cause, in which it 

accepted responsibility for its failure to prosecute the action, provided an excuse 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 of its mail, or any assurance that 

the problem would not occur again. 

Pursuant to 14 C.F.R. § 13.205, and 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 FAA's Response is accepted as good cause in this specific case. 

2. The FAA is directed to take all needed steps in its office to ensure that when it receives 

Orders in this action, the Orders are properly filed in the litigation file and any directives 
and deadlines contained in such Orders are entered on the FAA attorney's calendar. The 

FAA shall provide an oral report at the Rule 16 Litigation Scheduling Conference of the 

steps it has taken to ensure that such errors won't occur again. 

3. The FAA is directed to contact the Respondent and confer with the Respondent about 

litigation issues and proposed scheduling, pursuant to the previous directive contained in 

the December 1, 2015 Order (Order, 1-2 ~ 2). As part of this informal conference, the 

FAA shall meaningfully participate with the Respondent in preparing a jointly written 

Proposed Litigation Scheduling/Discovery Plan. 

4. Based on the parties' informal discussion the parties shall file with this Court, on or 

before April6, 2016, a jointly 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 discussion will 

encompass all matters identified in the December 1, 2015 Order (Order, 1 ~ 1). The 

parties shall access the Conference by dialing 202-493-2343. 

6. If either party needs clarification or has any questions regarding the procedures contained 

in this Order, contact Ms. Rachael Brown, Judicial Staff Assistant, at the Office of 

Hearings (202-366-2132). 

Attachment: Service List 

Page 2 of2 
Docket No. 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 2Wl 0001 

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. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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 

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.