In The Matter Of: 

SERVED JULY 31, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2011-1005 

COASTAL AIR 

TRANSPORT, INC., 

) 

) 

) 

) 

) 

) 

Case No. 2010S0700037 

Respondent 

ORDER DENYING FAA MOTION TO STRIKE 

RESPONDENT'S OPPOSITION TO HEARING ON SANCTIONS ONLY, 

AND GRANTING/DENYING OTHER RELIEF 

On May 17, '2012 the parties filed a Rule 26(±) Report. Among other things, this 

Report asserted that the FAA and the pro se Respondent had conferred on May 17, 2012 

and agreed to various discovery deadlines, including deadlines for initial CR 26(a)(1) 

discovery exchanged by June 25, 2012, and.general discovery exchanged by August 2, 

2012. 

On June 11, 2012 the parties appeared for a CR 16 Litigation Scheduling. 

Conference. At that time, the administrative court deferred setting discovery deadlines 

and other procedural deadlines. Instead, the CR 16 Conference was reset to July 30,2012, 

and the parties were given deadlines to address preliminary motions and to continue CR 

26(±) discussions. On June 11, 2012 an Order Setting MotiQn Deadlines, Setting Third 

CR 16 Conference and Granting/Denying Other Relief was filed, which codified and 

supplemented the oral rulings made during the June 11, 2012 Conference. · 

Among other things, this June 11, 2012 Order directed the prose Respondent, 

. Coastal Air Transport, Inc., to file an Answer, on or before July 9, 2012, 'to the FAA's 

February 23,2012 Alt~mative Motion for Hearing on Sanction Only. The June 11, 2012 

Order also directed the parties (among other things) to privately engage in additional CR 

26(±) discussions regarding hearing venue, hearing issues and witnesses, and other CR 

26(±) matters prior to the July 30, 2012 CR 16 Conference. 

On June 18,2012 the FAA filed theAgency's Request for Discovery and 

Production of Documents. This FAA discovery packet included Requests for·Production, 

Interrogatories, and· Requests for Admission. The FAA's Certificate of Service certified 

that the FAA's discovery packet had been mailed on June 15, 2012 to the Respondent's 

prose Representative, Mr. Michael Foster as well as to the Respondent's Agent for 

Service, Mr. George Logan. 

Page 1 of3 ' 
On July 19, 2012 the Respondent filed An Opposition to Hearing on Sanction 

Only. The Respondent's Certificate of Service indicated both fax and U.S. mail service 

on all parties, but did not identify a date of service. 

On July 23,2012 the FAA filed an Agency Brief in Support of Its Alternative 

Motion for Hearing on Sanction Only. The FAA also filed an Agency Motion to Strike 

Respondent's Opposition to Hearing on Sanctions Only, on the grounds of un-timeliness. 

Among other things, the FAA noted that Respondent had never served the FAA by 

facsimile with its Motion in.Opposition, and that the Respondent's mailing by U.S. mail 

had been postmarked on July 13, 2012, four days after the July 9, 2012 filing deadline. 

On July 26, 2012 the FAA filed the following: 1) Complainant's Proposed 

Witnyss List; 2) Complainant Statement regarding Venue; and 3) Agency Motion to 

Deem Request for Admissions Admitted and Motion to Compel Responses to Discovery. 

On Monday, July 30, 2012, the parties appeared by telephone for the CR 16 

Litigation Scheduling Conference. During this Third CR 16 Litigation Conference, oral 

rulings were made regarding the Motions identified above. This written Order codifies 

and supplements the July 30, 2012oral rulings on the Motions. 

IT IS HEREBY ORDERED: 

1. Pursuantto 14 CFR §13.210 (b) and 14 CFR §13.211 (e), the FAA's Motion to 

Strike Respondent's Opposition to Hearing on Sanctions Only on the grounds of 

un-timeliness is denied. 

.. 2. Pursuant to 14 CFR § 13.211 (c) the Respondent shall forthwith comply with the 

rule regarding service of documents. The Respondent's Certificate of Service 

shall include a statement, dated and signed by the person filing the document, that 

the document was personally delivered or mailed or faxed to each party 

(identified by name.and full address) on a specific date. 

3. Pursuant to Civ. R. 26(a) and (f); Civ. R. 16; 14 CFR §13.217 (a), (b), (c), (d), and 

(e); 14 CFR §13.218; and14 CFR §13.220, the FAA's June 18,2012 Discovery 

Request, and July 26,2012 Motion to Deem Request for Admissions Admitted 

and Motion to Compel Responses to Discovery are premature. It is noted that the 

FAA's June 18, 2012 discovery requests were timely filed after the parties' filed 

the May 17, 2012 CR 26 (f) discovery discussion and report. However, the FAA's 

July 26, 2012 Motion for discovery relief was filed ptior to both August 2, 2012 

(the deadline the parties informally agreed to for exchange of general discovery 

pursuant to the May 17, 2012 CR 26(f) Report), and prior to the July 30,2012 

Third CR 16 Litigation Conference (at which the administrative court reviews the 

parties' CR 26(f) Report, consults with the parties, and then sets the discovery 

schedule and discovery deadlines). See, e.g., Steven Baicker-McKee, et.al, 

2 
·11 

Federal Civil Rules Handbook, West Publishing (2012)( Rule 26(d): "Parties 

may not conduct discovery prior to their discovery conference meeting under 

Rule 26(f)," and Rule 16: At the pre-hearing conference, the court "control[s] and 

schedule[s] discovery, including orders affecting disClosures and discovery under 

Rule 26 and Rules 29 through 3 7. ") 

4. Pursuant to agreement of the parties, venue for the hearing is St. Croix, U.S. 

Virgin Islands. 

5. Based on the parties' discussion at the July 30, 2012 CR 16 Litigation Scheduling 

Conference, a separate Order Setting Litigation Dates and Procedures will be 

issued. 

6. Based on the parties' agreement at the July 30, 2012 CR 16 Litigation Scheduling 

Conference regarding undisputed facts in this case, the FAA's February 23, 2012 

· Alternative Motion for Hearing on Sanction Only is reserved, and will be further 

addressed by separate Order. 

Attachment: Service List 

3 

Judg 

u.s. 

., 
FDMS No. FAA-2011-1005 

(Civil Penalty Action) 

· SERVICE LIST- BY U.S. MAIL and FAX 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W . 

. Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC~30 . 

Wilbur Wright Building-Suite 2W1 0001 

George Logan, Agent for Service 

Coastal Air Transport, Inc., Respondent 

1131 King Street, Suite 204 

Christiansted, St. Croix, VI 00820-4971 

ONE COPY 

Michael Foster, President- by mail & fax 

Coastal Air Transport, Inc., -Respondent 

P.O. Box 3985 

Christiansted, St. Croix, VI 00822 

TEL: 340-773-6862 

RashawnRich George, Complainant's Counsel- by mail & fax 

Office of the Regional Counsel, AS0-7 

Southern Region . 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta GA30320 

TEL: 404-305:-5200 

FAX: 404-305-5223 

The Honorable J .E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 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 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.