In The Matter Of: 

## SERVED: March 8, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

DocketNo. FAA-2015-2439 CLEAR DAY AVIATION, INC. ) ) ) ) ) Case No. 2013EA390075 Respondent 

### THIRD ORDER CONTINUING THE RULE 16 LITIGATION SCHEDULING CONFERENCE On February 11, 2016 a Second Order Continuingthe Rule 16 Litigation Scheduling Conference was filed. Among otherthings, the Order granted the parties'jointoral Motionto postpone the February 10, 2016 1Rule 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 summarizedthe parties' recent communications, the ongoing settlement discussions withthe Flight Standards office, and requested additional time to engage inprivate settlement negotiations. This unilateral request was orally granted. Laterthat same day, on March 7, 2016 (6:12p.m.), the Respondent informally contacted boththe Office ofHearings ("OH") attorney staffand the FAAbyemail, and apologized for missing the Conference. Pursuant to 14 C.F.R. 

### § 13.205(a)(1) and (8), and having reviewedthe case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised;

1The February 11,2016Order 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'sunilateral oral Motionto postpone the Rule 16 Litigation Scheduling Conference a thirdtime is granted. 2. The Litigation Scheduling Conference set for March 7, 2016is 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. Forclarifications ofthis Order or questions with regard to the procedures to be followed inthis case, please contact Mrs. Rachael Brown, Judicial StaffAssistant, atthe Office of Hearings (202-366-2132).

Attachment: Service List

Page 2 of2DocketNo. FAA-2015-2439 (Civil Penalty Action) 

### SERVICE LIST-BYU.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-Suite2W10002

Mr. Zachary M. Berman Complainant's Counsel Federal Aviation Administration Office ofRegional Counsel 1Aviation 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

2 Service was byU.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.