SERVED JULY 27, 2012 ·•. ••· ···1 ' ·~rr .. , A'""[~ .... ") ~ ~··· :·Ar 1ll\r!l- 1 { rl '··· '·- •\'lt. .... J • 

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U.S. DEPARTMENT OF TRANSPORTATION:::J<LT OPEFMTJC)i'~S · 

In The Matter Of: • 

.·'.! 

ELITE AIR, INC. 

Respondent 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

) Docket No~ FAA-2011:.1125 

) 

) Case No. 2012 SO 150236 

) 

. •,. 

. . ~l 

·' . l> 

ORDER SETTING DEADLINE FOR FILING SUPPLEMENTAL 

SUMMARY JUDGMENT MATERIALS 

On March 2, 2012 an. Order Setting Litigation Dates and Procedures was filed. 

Among other things this Order directed the parties to file any/all motions, including 

Dispositive motions and/or Summary Judgment motions, on or before June 8, 2012. The 

March 2, 2012 Order set due dates for filing Answers and Replies, as well as set a July 

25, 2012 Telephone Motion Conference for oral argument. 

Pursuant to 14 C.F.R. § 13.218(±)(5) and Civ. R. 56, on June 12,2012 the Federal 

Aviation Administration (FAA) filed Complainant's Motion for [Partial] Summary 

Judgment. On June 15, 2012 the Respondent, Elite Air Inc., filed Respondent's [Cross] 

Motion for Summary Judgment. 

On July 2, 2012 the Respondent filed Respondent's Response in Opposition to 

FAA's Motion for [PartiallSummary Judgment. OnJuly 2, 2012 the FAA fil~d 

Complainant's Response to Respondent's [Cross] Motion for Summary Judgment. 

On July 11, 2012 the FAA filed Complainant's Reply Brief in Support of 

Complainant's Motion for [Partial] Summary Judgment. On July 18, 2012 the 

Respondent filed Respondent's Reply in Support of Respondent's [Cross] Motion for 

Summary Judgment. 

On July 25, 2012 the parties appeared by telephone for oral argument on the cross 

Motions for Summary Judgment. Oral rulings were issued at the conclusion of oral 

argument. This written Order Setting Deadline for Filing Supplemental Summary 

Judgment Materials codifies and supplements the July 25, 2012 pral ruling. 

Page 1 of2 
IT IS HEREBY ORDERED: 

1. Pursuant to Civ. R. 56( e), on or before August 7, 2012, the FAA may file a 

supplemental testimonial declaration or affidavit from Mr. William Meenan, 

regarding the authenticity ofF AA Exhibits 1-8. 

2. Pursuant to Civ. R. 56( e), on or before August 7, 2012, the Respondent Elite Air 

Inc. may file testimonial declarations or affidavits from any witness who has 

personal knowledge regarding the FAA Exhibits 1-8, and who can assert facts to 

support challenging these documents on the grounds of authenticity. 

3. ' Pursuant to Civ. R. 56( e), on or before August 7, 2012, the Respondent Elite Air 

Inc. may file supplemental materials, with supportive factual evidence and legal 

authority, to support its oral argument that the alleged FAA violations regarding· 

the Aircraft Flight Manifest (EAI-301) must be considered in pari materia (e.g., 

construed in reference to each other) with the Aircraft Status Sheet (EAI-106). 

'o 

Attachment: Service List 

· Page 2 of2 

't 

'\ 
FDMS NO. FAA-2011-1125 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL and FAX 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention:· Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

B .. Gray Gibbs, President 

Elite Air, Inc., Respondent 

100 Second A venue South 

Suite 101-S 

St. Petersburg, FL 33701 

TEL: 727-896-5880 

FAX: 727-892-9902 

Ryan M. Landers, Complainant's Counsel 

·office of the Regional Counsel, AEA-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

ONE COPY 

The Honorable J. E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

'o 

1 

Service was by U.S. Mail. For service in person or by e~pedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.