### SERVED: June 1, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

InThe Matter Of: BUSHAIR CARGO, INC. Respondent 

### WASHINGTON, DC ) ) ) 

### ) ) DocketNo. FAA-2016-4263 Case No. 2015WP910102


### ORDERDISMISSING PROCEEDING OnMay 2, 2016, an Order Granting Continuance ofRule 16 Litigation Conference was filed. This Order reconfirmed the June 16, 2016 deadline for the parties to file a Rule 26(f) Proposed Scheduling/Discovery Plan and continued the Rule 16 Litigation Scheduling Conference to June 29, 2016. OnMay 31, 2016, the Respondent, Bush Air Cargo, Inc., filed 1 its Request to Withdraw Request for Hearing, stating thatthe parties have "agreed to a settlement." After having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; 

### IT IS HEREBY ORDERED: 1. The June 16, 2016 deadline for the parties to file a Rule 26(f) Proposed Scheduling/Discovery Plan is cancelled. 2. The Rule 16 Litigation Scheduling Conference set for June 29, 2016, is cancelled. 3. Pursuantto 14 C.F.R. § 13.215, the Respondent has withdrawn its Request for Hearing, and this proceeding is dismissed with prejudice.

Attachments: 1) Request to Withdraw Request for Hearing 2) Service List

1 The Certificate ofService states that a copy**,~f**the R,equest toWithdraw Request for Hearing was.delivered byU.S. Mailto the Court and FAA counsel; however; it does 1ilot;indfoatethatthe document was filed withthe FAA Hearing Docket. A copy ofthe Request to Withdraw Requestfor#earing is attached hereto to ensure that it appears in the record. ' ·· · ·.

### UNITED STATES DEPARTMENT OF TRAu5SlBBR.tlFATRUl9PGIN·.·
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### ~1A1fll OFFICE OF HEARINGS Orf!CE 

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IN THE MATTER OF BUSH AIR CARGO, INC FAA CASE NO. 2015WP10102 (Civil Penalty Proceeding) REQUEST TO WITHDRAW REQUEST FOR HEARING BushAir Cargo, Inc., by and through the undersigned, having agreed to a settlement with the Administrator, respectfully requests to withdraw its request for a hearing inthe above referenced matter. DATED this 24th day ofMay, 2016.

CERTiFICATE OF SERVICE I certify thaton May 24, 2016 a copy ofthe foregoing was delivered byU.S. Mail to: . Hon J.E. Sullivan, Administrative Law Judge Office of Hearings, M-20· U.S. De[partment.ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590

Barton M. Tiem President/General Counsel Bush Air Cargo, Inc. estem Team 

### Barton M. Tieman·

. President and General Counsel Bush Air Cargo, Inc. P.O. Box 93144 Anchorage, Ak 99509 (907) 277-7657• DocketNo. FAA-2016-4263 (Civil Penalty Action)


### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviatioti Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl0001

Mr. Kyle Lomazow Complainant's Counsel Attn: Patricia L. Baysinger Federal Aviation Administration Enforcement DivisionWestern Team 222 West 7th Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5264 FAX: 907-271-2800 Mr. Barton M. Tierman ONE COPY

Respondent'sPresident andGeneral Counsel BushAir Cargo, Inc. P.O. Box 93144 Anchorage, AK 99509 TEL: 907-277-7657 Judge J.E. Sullivan U.S. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (El 1-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

1 Service was byU.S. Mail. For service in person orby 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.