## 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 wa s 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 wa s 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 Re spondent ' s Motion to Dismiss , and the FAA ' sMotion fo r Summary Judgment. Should there be any ne e d for th e Co urt to take more time than sta ted herei n , the Co urt will notify the partie s ne x t week. At this time, however, to allow the parties th e greatest amount of notice and time to pr

e pare witness li sts and ex hibits pri or to the Dece mb er 9 , 2014 Hearing , thi s Order s hall immediat e ly issue providing deadlines for the exc hange of Witness Lists and Exhib its. Shou ld eit her the FAA or the R espo ndent consider the s hortened time lin e in this Order a d isadv antage, then such party shoul d immediately notif y th e oppos ing side and this Court, and request relief as it deem s appropri ate. IT IS HEREBY ORDERED: Pursuant to 14 C .F .R. § 13.205, and after reviewing a ll relevant ca s elaw , reg ul ation s, statutory au thority , and being fully adv i sed ; 1. December 1, 2014 : List of Witnesses/Exchange of Exhibits. On or before December I, 20 14 , the parties w ill serve eac h other and file the following: a) A list of the witnesses the party intends to ca ll ; b) A short statement of the testimony expec ted from each such witness ; c) T h e resume of eac h w itness w ho w ill be offered as an expert; d) The documents the party intend s to offer in evidence (p re-marked a s noted in paragraph 2, 

### i nfra) ; and e) An ind ex cover s h eet with a brief desc ription (e.g., one line nam e) of eac h document. 2
. T he FANComplainant's exhibits s hould be m arked "C

- 1 ," " C-2, " " C-3 ," etc. The Re spondent 's exhibits should be marke d " R-1 ," "R-2 ," "R-3," etc. 3. The parti es sho uld al so bring to the Hearing three copies of the Ind ex Cover Sheet and any marked Exhibits they intend to offer into ev id ence (one for the Judge and two for th e offici a l r epo rte r ). 4
. The Hearing date s of Decemb er 9 , 2014 and Decembe r 10,2014 are hereby reconfirmed.

Attachment: Service List

Page 2 of 2SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Admini s tration 800 Independence Avenue , S.W. Washington , DC 20591 Attention: Hearing Docket Clerk , AGC-430 Wilbur Wright Building

- Suite 2W l000 1

Mr. Christopher R. Stevenson Complainant's Counsel Office of the Regional Coun sel , AS0-7 Southern Region Federal Aviation Administration P
. O. Box 20636 At lanta , GA 30320 TEL: 404-305-5200 FAX: 404 -3 05-5 223 Mr. Tyler Penn yw itt Respondent 4483 Hanover Park Drive Jacksonville , FL 32224 TEL: 904 -2 52-1356 FAX: 904-928-0909
Judge J. E. Su lli van U.S Administrative Law Jud ge Office of Hearings , M-20 U. S
. Department of Transportation 12 00 New Jerse y Avenue , S.E. (E ll- 3 10) Wa s hin gto n , DC 20590 TEL: 2 02-366-6941 FAX : 202-366-7536 ONE COPY FDMS No. FAA-2013-0716 (Civil Penalty Action)

1 Servic e was by U

. S. Mail. For service in pers on or by ex pedited courier, use th e follo w ing address: Federa l Aviation Administration, 600 Ind epe nden ce Avenue , S. W ., Wilbur Wright Building
- Suite 2W1000, Wa shington , DC 20591, Attention: Hearing Docket Cl e rk , AGC
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