In The Matter Of: 

SERVED: March 8, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, DC 

Docket No. FAA-2015-2439 

CLEAR DAY AVIATION, INC. 

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Case No. 2013EA390075 

Respondent 

THIRD ORDER CONTINUING 

THE RULE 16 LITIGATION SCHEDULING CONFERENCE 

On February 11, 2016 a Second Order Continuing the Rule 16 Litigation Scheduling 

Conference was filed. Among other things, the Order granted the parties' joint oral Motion to 

postpone the February 10, 2016 1 Rule 16 Litigation Scheduling Conference to March 7, 2016 at 

2:00p.m. 

On March 7, 2016 (2:00p.m.) the FAA appeared by telephone for the Rule 16 Litigation 

Scheduling Conference. The Respondent, Clear Day Aviation, Inc., did not appear, and there was 

no explanation for its absence. During the March 7, 2016 Conference, the FAA summarized the 

parties' recent communications, the ongoing settlement discussions with the Flight Standards 

office, and requested additional time to engage in private settlement negotiations. This unilateral 

request was orally granted. 

Later that same day, on March 7, 2016 (6:12p.m.), the Respondent informally contacted 

both the Office of Hearings ("OH") attorney staff and the FAA by email, and apologized for 

missing the Conference. 

Pursuant to 14 C.F.R. § 13.205(a)(1) and (8), and having reviewed the case file, all 

pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being 

fully advised; 

1 The February 11,2016 Order erroneously referenced the Rule 16 Conference date as January 10,2016. (Feb. 11, 

2016 Order, 1.) The correct date is February 10, 2016. 
IT IS HEREBY ORDERED: 

1. The FAA's unilateral oral Motion to postpone the Rule 16 Litigation Scheduling 

Conference a third time is granted. 

2. The Litigation Scheduling Conference set for March 7, 2016 is continued to Monday, 

May 9, 2016, at 2:30p.m. Eastern time. To access the Court's conference line, the 

parties shall call202-493-2343. 

3. On or before May 2, 2016 the parties shall file an updated Rule 26(f) Proposed 

Scheduling/Discovery Plan. 

4. For clarifications of this Order or questions with regard to the procedures to be followed 

in this case, please contact Mrs. Rachael Brown, Judicial Staff Assistant, at the Office of 

Hearings (202-366-2132). 

Attachment: Service List 

Page 2 of 2 
Docket No. FAA-2015-2439 

(Civil Penalty Action) 

SERVICE LIST-BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0002 

Mr. Zachary M. Berman 

Complainant's Counsel 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAJ(: 718-995-5699 

Mr. H. Bruce Brandon 

Respondent's Counsel 

3439 South Aviation Drive 

Burlington, NC 27215 

TEL: 336-358-6300 

FAX: 336-286-7050 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

2 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.