In The Matter Of: SCOTTTICE Respondent 

## SERVED: October 23,2013. U.S. DEPARTMENT OF TRANSPORTATION·· OFFICE OF HEARINGS WASHINGTON, DC

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) ) ) ) ) DocketNo. FAA-2013-0042 Case No. 2012NE700211



### ORDER SETTINGDEADLINE FORTHE FAA TO ANSWER THERESPONDENT'S MOTION TO CORRECT THE TRANSCRIPT AND RESCHEDULING THETELEPHONE MOTION CONFERENCE

On September 24, 2013, the Respondent filed a two-page letter ("Response") inresponse to the Complainant's Motion for Decision on Issue ofCivil Penalty. Included in the Response was an untitled Motion to Correctthe June 13, 2013 Transcript as follows: PAGE LINE 31 

### 7 READS circling SHOULD READ cynical On October 1, 2013, an Order Cancelling Telephone Conference was filed. This Order cancelledthe Telephone Motion Conference set for October· 10,2013, at 11:00 a.m. Easterntime for oral argumentbecause there was a lapse ofgovernment funding for keepingthe Office of Hearings open for business. This October 1, 2012 Order also noted that once funding was appropriated, the Office ofHearings would reopen, and a separate order rescheduling the Telephone Motion Conference would issue. · On October 17, 2013, the Office ofHearingsreopened. Pursuantto 14 C.F.R. §13.205(a) and Fed. R. Civ. P. 60(a), and after reviewing all pleadings and documents, as well as all relevant caselaw, regulations, statutory authority, and · being fully advised;·'


### IT IS HEREBY ORDERED: 1. Ifthe FAAhas any objectionto the Respondent's untitled Motion to Correct the June 13, 2013 Transcript, the FAA shall file its objection on orbefore 

### November 4, 2013. Pursuant to Rule 60(a), ifthe FAA files an objection, the FAA should identify the significant prejudice that would follow ifthe proposed correction is adopted. 2. The Telephone Motion Conference is rescheduled to 

### November 14,2013, at 1:30pm. Eastern time for oral argument onthe Complainant's Motion for Decision on Issue of Civil Penalty. The parties are directed to appear by telephone onNovember 14, 2013 at 1:30pm and present oral argument. 3. Shortly beforeNovember 14, 2013 Telephone Motion Conference, the Office ofHearings will contactthe parties and provide them with conference call contact and password information. 4. Ifa party has a conflict with the new Telephone Motion Conference on November 14, 2013, that party shall first confer with opposing counsel to discuss atthree mutually agreeable alternate dates. The moving party should next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, advising Mr. Smith ofa proposed request to change the date, and offering the three (3) mutuallyagreed, proposed alternate dates/times for the Judge's consideration.

Ivan mstrative LawJudge Attachment: Service List

Page 2 of2SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1

Mr. R. Bennett Sargent Complainant's Counsel Office ofthe Regional Counsel, ANE-7 NewEngland Region Federal Aviation Administration 12 NewEngland Executive Park Burlington, MA 01821 TEL: 781-238-7058 FAX: 781-238-7055 Mr. Scott Tice Pro se Respondent 21125 Timberland Road Barronett, WI 54813-9540 scott@ticetech.com Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 FDMS No. FAA-2013-0042 (Civil Penalty Action)

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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430.