## SERVED: November 19, 2014 U.S. DEPARTMENT OF TRANSPORTATION
.. OFFICE OF HEARINGS

·· ... i 

### WASHINGTON, DC
In The Matter Of: DocketNo. FAA-2014-0807 PAZ AVIATION, INC. ) ) ) ) ) Respondent ·CaseNo. 2011S0190272

ORDERDIRECTING PARTIES TO CONFERAND FILE AN AGREED BRIEFING SCHEDULE On October 7, 2014, the FAA filed the Complaint alleging that on multiple dates between July 29, 2009, and April27, 2011, Respondent violated various Federal Aviation Regulations. 1 OnNovember 6, 2014, the Respondent filed its Answer and Affirmative Defenses ("Answer"). As an affirmative defense, the Respondent asserted that "the [Federal Aviation Regulations] only require Respondent to maintain its records ofservice for 2 years; that the Administrator knew ofthese events years ago, but failed to timely bring this action; and, as a result ofthe Administrator's delay, Respondent has been prejudiced from the loss ofwitnesses, loss ofrecords, and or loss ofwitnesses' memory ofthe events." The Respondent stated the "[b]ased on the foregoing, the matter should be dismissed upon laches and/or estoppel." BriefDiscussion The Respondent's request is essentially a Motion to Dismiss. The parties should address this disputed matter before any discovery is conducted onthe charged allegations orany hearing is scheduled. However, the Respondent's Answer did not provide any specific facts or legal argument in support ofits request for dismissal. The FAA should also be given opportunity to respond. Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised;

1 Specifically, 14 C.F.R. §§ 43.2(a)(2), 43.13(a), 145.20l(b), 145.207(a), and 145.2ll(b).IT IS HEREBY ORDERED: 1. The FAA and the Respondent shall conferprivately to discuss a mutually convenient briefing schedule to address the Respondent's Motion to Dismiss. 2. On or before December 19,2014 the parties shall file a Proposed Agreed Briefing Schedule on the Motionto Dismiss. This Proposal should also include whether ornotthe parties would like to present an oral argument on the Motion after the submission of briefs, and ifso, provide at least three (3) mutually-agreed, proposed alternate dates/times for such oral argument for the Judge's consideration. 3. For any questions about this procedures contained inthis Order, contact Mr. Cody L. Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of2DocketNo. FAA-2014-0807 (Civil Penalty Action) SERVICE LIST- BY U.S. MAIL

Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10002

Mr. WilliamVines 

### Complainant's Counsel Federal AviationAdministration Office ofthe Regional Counsel, ASO-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. DavidM. McDonald 

### Respondent's Counsel McDonald & McDonald Attorneys atLaw P.O. Box 669122-9428 Miami, FL 33135-2321 TEL: 305-643-5313 FAX: 305-643-4990 Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY

Paz Aviation Inc., 

### Respondent c/o Jay Allen, President 7455 W 2nd Court Hialeah, FL 33014-4301

2 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: FederalAviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing DocketClerk, AGC--430.