SERVED: November 19, 2014 

U.S. DEPARTMENT OF TRANSPORTATION .. 

OFFICE OF HEARINGS ·· ... i 

WASHINGTON, DC 

In The Matter Of: 

Docket No. FAA-2014-0807 

PAZ AVIATION, INC. 

) 

) 

) 

) 

Respondent ) 

·Case No. 2011S0190272 

ORDER DIRECTING PARTIES TO CONFER AND 

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 

On November 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 of service for 2 years; that the 

Administrator knew of these events years ago, but failed to timely bring this action; and, as a 

result of the Administrator's delay, Respondent has been prejudiced from the loss of witnesses, 

loss of records, 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." 

Brief Discussion 

The Respondent's request is essentially a Motion to Dismiss. The parties should address 

this disputed matter before any discovery is conducted on the charged allegations or any hearing 

is scheduled. However, the Respondent's Answer did not provide any specific facts or legal 

argument in support of its 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 confer privately 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 Motion to Dismiss. This Proposal should also include whether or not the 

parties would like to present an oral argument on the Motion after the submission of 

briefs, and if so, 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 in this Order, contact Mr. Cody L. 

Smith, Attorney-Advisor at the Office of Hearings (202-366-6941 ). 

Attachment: Service List 

Page 2 of 2 
Docket No. F AA-2014-0807 

(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. William Vines 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. David M. McDonald 

Respondent's Counsel 

McDonald & McDonald 

Attorneys at Law 

P.O. Box 669122-9428 

Miami, FL 33135-2321 

TEL: 305-643-5313 

FAX: 305-643-4990 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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: Federal Aviation 

Administration, 600 Independence Avenue, S. W., Wilbur Wright Building-Suite 2Wl 000, Washington, DC 20591; Attention: 

Hearing Docket Clerk, AGC--430.