SERVED MARCH 15, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

:^[iT(.)i-

?• ;' 3 

In the Matter of: 

EMPIRE FLIGHT 

ACADEMY 

Respondent 

) 

) Docket No. FAA-2011-0290 

) 

) (CP10EA0004) 

) 

) 

ORDER GRANTING RESPONDENT ATTORNEY'S MOTION TO 

WITHDRAW, AND GRANTING/DENYING OTHER RELIEF 

On November 22, 2011 an Order Setting Litigation Dates and Procedures was 

filed, which set March 27, 2012 - March 29, 2012 as the hearing dates in this matter. On 

December 15, 2011 a Notice of Hearing Location was filed, setting the hearing at the 

U.S. Disttict Court in Central Islip, New York. 

On March 5, 2012 the FAA filed its Witness/Exhibit List, which included 26 

documentary exhibits. 

On March 9, 2011 the Respondent's Attorney, Gregory S. Winton, filed a Notice 

of Withdrawal of Appearance. Among other things, the Notice did not include 

certification or proof of service on any designated Respondent party. The Notice did not 

identify any new representative for the Respondent. 

On March 14, 2012 the parties appeared for an expedited Telephone Conference 

to address both the inferred Motion to Withdraw filed by the Respondent's Attorney, as 

well as other pre-hearing issues. Present at the March 14, 2012 Telephone Conference 

was Zachary Herman, FAA attorney; Gregory S. Winton, Respondent's Attorney; and 

John Zaremba, a layperson and part ovmer of the Respondent, Empire Flight Academy. 

During the Conference, Mr. Zaremba agreed that Mr. Winton had previously given him 

oral notice of Mr. Winton's intent to withdraw. Neither Mr. Berman nor Mr. Zaremba 

objected to Mr. Winton's proposed withdrawal. 

Multiple oral rulings were issued during the March 14, 2012 Telephone 

Conference. This Order codifies these oral rulings. 

Page 1 of3 
It Is Hereby Ordered: 

1. Pursuant to 14 C.F.R. §13.281, the March 9, 2012 Notice of Withdrawal of 

Appearance filed by Respondent's Attorney, Gregory S. Winton, is a deemed 

a Motion to Withdraw. 

2. PursuanttoMC.F.R. §13.281, 14 C.F.R. §13.204, 14 C.F.R. §13.205, 14 

C.F.R. §13.207, and 14 C.F.R. §13.211, the lack of service of the Notice of 

Withdrawal on any designated Respondent party is cured by the appearance at 

the March H, 2012 Telephone Conference of John Zaremba, a layperson and 

part owner of the Respondent, Empire Flight Academy. See, e.g., ABA 

Model Rules of Professional Conduct (Rule 1.16); U.S. District Court, District 

of Columbia, Local Rule 83.6(c)(a motion to withdraw "may be made in open 

court in the party's presence"). 

3. Pursuant to Mr. Winton's and Mr. Zaremba's agreement, Mr. Winton shall 

send to Mr. Zaremba, by FedEx mail, a copy of the Respondent's litigation 

• file no later than by 5:00pm on March 14, 2012. See, e.g., ABA Model Rules 

of Professional Conduct (Rule 1.16)(d)("upon termination of representation, a 

lawyer shall...surrender...papers and property to which the client is entitled"). 

4. Pursuant to 14 C.F.R. §13.281, 14 C.F.R. §13.205, and 14 C.F.R. §13.217, 

Gregory S. Winton's Motion, as Respondent's Attorney, to Withdraw is 

granted. The withdrawal is effective immediately. See, e.g., ABA Model 

Rules of Professional Conduct (Rule 1.16); U.S. District Court, District of 

Colimibia, Local Rule 83.6(d). 

5. The address and telephone number of record for Mr. John Zaremba, the new 

pro se Respondent representative, is: Rte. 109, Hanger 3, Republic Airport, 

Farraingdale, NY 11735 (Tel: 631-777-2514). 

6. Thepz-o se Respondent's Mofion to Continue the hearing and certain litigation 

deadlines is granted. The hearing currently scheduled on March 27,2012 -

March 29, 2012 (9:00am-4:30pm EST) at the U.S. District Court in Central 

Islip, New York is cancelled. The hearing and other litigation deadlines will 

be reset when the parties reappear for a telephone conference on Thursday, 

March 22, 2012. 

7. Prior to Thursday, March 22,2012, the parties shall privately consult about 

any need to obtain and exchange documents for the purposes of settlement. 

During this private consultation, the parties shall also engage in a CR 26(f) 

litigation plamiing conference, and discuss the resetting of litigation due dates 

and deadlines. 
8. On Thursday, March 22, 2012 (l:30pin-2:30pni EST) the parties shall 

reappear for another Telephone Conference. During this conference, the 

parties will provide a status update as to their settlement efforts, resolve any 

remaining procedural disputes, discuss any pending litigation matters, and reset the hearing dates and other litigation deadlines. 

Jildge J. E. Sttllivan 

U.Sx4dmi«{strative Law Judge 

Attachment: Service List 
FDMS No. FAA-2011-0290 

(Civil Penalty Action) 

SERVICE LIST 

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' 

ONE COPY 

John Zaremba, Respondent's Representative 

Rte. 109, Hanger 3, Republic Airport 

Farmingdale, NY 11735 

TEL: 631-777-2514 

Gregory S. Winton 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

TEL: 301-294-8550 

FAX: 301-294-2525 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-6941 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mall. 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^30.