SERVED: FEBRUARY 21, 2012 

•")E^:ART,MENTOr 

U.S . DEPARTMEN T O F TRANSPORTATIO N rlANSPORTATiON 

OFFIC E O F HEARING S •'''CKE! OPERATJiDNS 

WASHINGTON, DC 

mi F[5 22 P 2^ 32 

FN THE MATTER OF: ')-""'.' " 

) DOCKET NO. FAA-2011-1116 

IVY ENTERPRISES- INC., ) 

) CascNo. 2010SO700376 

Respondent ) 

) 

ORDER DENYING RESPONDENT'S MOTIONS 

FOR A MORE DEFINITE STATEMENT AND A STAY OF DISCOVERY AND 

GRANTING/DENYING OTHER RELIEF 

On December 20, 2011 a Notice of Assignment was filed, assigning this case to the undersigned Judge. On December 29, 2011 an Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed. Among other things, this 

December 29, 201 1 Order directed the parties to file a jointly written proposed scheduling/discovery plan on or before February 22, 2012. 

On February 16, 2012 the Respondent, Ivy Enterprises, filed a two-page letter, in which it 

requested a "stay of discovery...and all deadlines" and a ruling on a November 14, 2011 Motion 

for a More Definitive Statement, which the Respondent noted had been filed with the Federal 

Aviation Administration's (FAA) Hearing Docket Clerk. The Respondent did not attach a courtesy copy for the undersigned, nor assert that its Motion had ever been filed with the U.S. DOT's 

Office of Hearings. The Respondent did not provide any explanation as to why it had not alerted 

the Office of Hearings to this motion and dispute prior to February 16, 2012. 

It should be noted that neither the Respondent's November 14, 2011 Letter/Motion for a 

More Definitive Statement, nor the FAA's November 17, 20! 1 Response to Respondent's Motion for a More Definite Statement, were ever filed with the U.S. DOT's Office of Hearings. In 

fact, the first notice the undersigned or the Office of Hearings had of these documents was two 

working days ago (i.e., February 16, 2012) when the Respondent filed its February 16, 2012 twopage letter. The staff at the Office of Hearings obtained copies of both documents by doing an 

electronic search of the FAA's Hearing Docket website. 

Having reviewed the pleadings and motions, and all relevant easeiaw, statutes, regulations, rules, and authority, and being fully advised; 

Page I of2 
It Is Hereby Ordered: 

1. Pursuant to 14 C.F.R. §13.210, both parties shall file all further documents in this matter 

with the U.S. DOT's Office of Hearings as required by ihc regulations. 

2. Pursuant to 14 C.F.R. §13.208(c), 14 C.F.R. 13.218, Civ. R. 8, and Civ. R. 9, the Respondent's November 14, 2011 Motion for a More Definitive Statement is denied. See, 

Steven Baicker-McKec, ct.ai, Federal Civil Rules Handbook, West Publishing 

(201 l)(Rule 8: "Ii]ntricately detailed factual allegations are not necessary"; and Rule 9: 

"[mjalice, intent, knowledge, and other conditions of a person's mind may be alleged 

generally"). 

3. Pursuant to 14 C.F.R. §13.218(3)(i) and 14 C.F.R. § 13.209(d), the Respondent shall file a 

written Answer on or before March 2, 2012 to the FAA's Notice of Complaint. 

4. Pursuant to 14 C.F.R. §13.205 and 14 C.F.R. §13.217, the deadline of February 21, 2012 

for the filing of the parties' jointly written proposed Rule 26(f) scheduling/discovery plan 

is hereby deferred until after March 2, 2012. 

5. Pursuant to 14 C.F.R. §13.205 and 14 C.F.R. §13.217, the telephone conference set on 

Wednesday, February 29, 2012 at 1:00pm Eastern time is hereby reconfirmed to allow the parties to appear and reschedule litigation matters on the .ludge"s calendar. The 

parties shall appear with their calendars to reset the deadline for submission of the jointly 

written proposed Rule 26(1) scheduling/discovery plan, and to schedule a new telephone 

conference dale/time for the parties' Rule 16 Litigation Scheduling Conference. 

SLi|livan 

Istrative Law Judge 

Attachment: Service List 

Page 2 of 2 
FDMSNo. FAA-2011 

(Civil Penalty Action) 

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 2W1000' 

ONE COPY 

Alexander G. Bateman, Jr., RespondetU 's Counsel 

Ruskin Moscou Faltischek PC. 

1425 RXR Plaza 

East Tower, 15th Floor 

Uniondale, NY 11556-1425 

TEL: 516-663-6589 

FAX: 516-663-6789 

Jeanine C. Gotimer, Compkiimmrs Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3272 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative ittw Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier use Uie following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W.. Wilbur Whghl Building—Suite 2W1000. Washington, 

DC 20591; Anention: Hearing Docket Clerk. AGC-430 

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