SERVED: November 10, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2013-0716 

TYLER PENNYWITT 

Case No. 2012S0150128 

Respondent 

ORDER SETTING DEADLINE FOR THE PARTIES TO FILE 

WITNESS LISTS AND HEARING EXHIBITS 

On June 27, 2014 an Order Reserving Motions, Setting Deadlines for Filing 

Supplemental Materials, and Continuing the Hearing was filed. 

On October 9, 2014 a Notice of Hearing Location was filed. 

On October 14, 2014, an Order Denying the Respondent's Motion to Dismiss the 

Complaint on the Grounds of Untimely Filing was filed. 

On November 7, 2014, the FAA telephoned the Office of Hearings ("OH") and left a 

voice mail message with the OH attorney asking about the following: 1) the status of any 

order(s) regarding the two outstanding motions (i.e., the Respondent's Motion to Dismiss on the 

grounds of Double Jeopardy, and the FAA's Motion for Summary Judgment); and, 2) the 

deadline (if any) for the parties to file their of Witness Lists and Exhibits prior to the December 

9, 2014 Hearing in Jacksonville, Florida. 

BRIEF DISCUSSION 

The Court has been mindful of the parties' case and disputed issues, and has been 

working on both Motions. Unfortunately, other matters have also recently demanded time on the 

Court's calendar, which has resulted in an undesired delay for the Court to fully address the 

parties' Motions in this case. It is currently the Court's great hope to issue rulings next week, no 

later than November 14, 2014, on both the Respondent's Motion to Dismiss, and the FAA's 
Motion for Summary Judgment. Should there be any need for the Court to take more time than 

stated herein, the Court will notify the parties next week. 

At this time, however, to allow the parties the greatest amount of notice and time to 

prepare witness lists and exhibits prior to the December 9, 2014 Hearing, this Order shall 

immediately issue providing deadlines for the exchange of Witness Lists and Exhibits. Should 

either the FAA or the Respondent consider the shortened timeline in this Order a disadvantage, 

then such party should immediately notify the opposing side and this Court, and request relief as 

it deems appropriate. 

IT IS HEREBY ORDERED: 

Pursuant to 14 C.F.R. § 13.205, and after reviewing all relevant caselaw, regulations, 

statutory authority, and being fully advised; 

1. December 1, 2014: List of Witnesses/Exchange of Exhibits. On or before December 

I, 20 14, the parties will serve each other and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each witness who will be offered as an expert; 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph 2, infra); and 

e) An index cover sheet with a brief description (e.g., one line name) of each document. 

2. The FANComplainant's exhibits should be marked "C-1," "C-2," "C-3," etc. The 

Respondent's exhibits should be marked "R-1 ," "R-2," "R-3," etc. 

3. The parties should also bring to the Hearing three copies of the Index Cover Sheet and 

any marked Exhibits they intend to offer into evidence (one for the Judge and two for the official 

reporter). 

4. The Hearing dates of December 9, 2014 and December 10,2014 are hereby reconfirmed. 

Attachment: Service List 

Page 2 of 2 
SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W l0001 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Office of the Regional Counsel, AS0-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Tyler Pennywitt 

Respondent 

4483 Hanover Park Drive 

Jacksonville, FL 32224 

TEL: 904-252-1356 

FAX: 904-928-0909 

Judge J.E. Sullivan 

U.S 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 

FDMS No. FAA-2013-0716 

(Civil Penalty Action) 

1 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.