### From:BARHARD LAW GROUP To: 12024935142 01/14/2014 00:33



### UNITED STA:_:rES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Civil Penalty Action 11159 P.002/003

In the Matter of: v. Served: January 14,2014 FDMS No. FAA-2013-0284 Case No. 2012CE440003 AVIATION ENGINEERING CONSULTANTS, INC., Judge: Hon. J.E. SULLIVAN I NOTICE OF PENDING SETTLEMENT AND UNNOPOSED MOTION TO CONTINUE COMES NOW, the undersigned counsel, DOUGLAS J. BARNARD, ESQUIRE, for the Respondent, AVIATION ENGINEERING CONSULTANTS, INC., and hereby files this Notice of

.·Pending-Settlement and Motion to Continue (the "Motion") and as grounds therefore states: 1. That the undersigned is Counsel for the Respondent, AVIATION ENGINEERING CONSULTANTS, INC., inthis action. 2. Theundersigned, Douglas J. Barnard, Esq. has previously filed a Motion to Withdraw as Counsel and Abate this action baseduponpersonal health issues that will preclude his from continuing the representation ofAVIATION ENGINEERING CONSULT ANTS, INC. in this cause. This Conrt has reserved ruling ontheundersigned's Motion to Withdraw. 3. However, on January 10, 2014, the parties mutually agreed to the terms of settlement in this actionwith a payment dne date ofJanuary 31, 2014 to the FAAfrom theRespondent. 4. Theundersigned counsel has conferredwith opposing counsel (Mark Camacho, Esq.), the Respondent (Aviation Engineering Consultants, Inc.) regarding this Motion andpropose that the current deadline contained inthis conrt's Ru1e 16 Order served November 19, 2013 be continued as follows:
a. The Ru1e 26(f)planning meeting and associated proposed schedu1ing/discoveryplan shall be completed and filed byWednesday, February 05, 2014; and

### From:BARHARD LAW GROUP To: 12024935142 01/14/2014 00:33 11159 P.003/003

b. The Rule 16 litigation Scheduling conference shall occur onWednesday, February 12, 2014 at 1:30 p.m. EST. 5. None ofthe parties to this action have any objection to this Motion ortheproposed dates/times which have been pre-cleared with Attorney/ Advisor Cody L. Smith, Esq. WHEREFORE, based upon the foregoing, the undersigned counsel respectfully requests that this Court enter an Order continuing the deadline for the Rule 26(f) planning meeting and associatedproposed scheduling/discovery plan and continue the date ofthe Rule 16 litigation Scheduling conference to allow the settlement reached betweenthe parties to become fmal.


### CERTIFICATE OF SERVICE

. . I hereby 

### certifY that a true andcorrect copyofthe foregoing answer and affirmative defenses were served via confirmed facsimile and United States Postal Service onthe 14thday ofJanuary, 2014, to: Mark Camacho, Esquire, Federal AviationAdministration, Office ofthe Regional Counsel, Central Region, 901 Locust, Room 506, Kansas City, MO 64106-2641, facsimile: (816) 329-3771 and AVIATION ENGINEERING CONSULTANTS, INC. (C/0 Kamran Rouhani, 2159 McMullenBoothRoad, Clearwater, Florida 33759/fax: (727) 723-1333, and that this pleading was filed this 14th day ofJanuary, 2014, with the FAAhearing docket clerk, 800 Independence Ave. S.W., Attn: Hearitig Docket Clerk, AGC-430, WilburWright Building, Room 2014, Washington, D.C. 20591, facsimile: (202) 493-5142, and the Hon. J.E. Sullivan, Administrative Law Judge, Office ofHearings, U.S. Department ofTransportation, 1200 New Jersey Ave. S.E. (E11-310), Washington, D.C. 20590, facsimile: (202) 366-7536 with copies to CodyL. Smith, Esq via fax to (202)366-7536. 

# &fA
Douglas 

### J. Barnard, Esquire Fla. BarNo. 0928496 Plane Law, P .A. 13790 Roosevelt Boulevard, Suite A Clearwater, Florida 33762 Telephone: (727) 259-0224 Fax: (727) 259-0223 dougb@olanelaw.com

### From:BARHARD LAW fiROUP To:12024935142 01/14/2014 00:33 11159 P.001/003

Plane Law in Plain English
... 

# FAX========
TO: FAADocket Clerk FROM: Douglas J. Barnard, Esq. FAX: (202) 493-5142 PAGES: 3 (Including Cover) PHONE: (202)385-8229 DATE: January 14,2014 RE: In Re: Aviation Consultants, Inc. CC: Hon. J.E. Sullivan/Mark Camacho. Esq X Urgent X ForReview 0 Please Comment 0 Please Reply 0 Please Recycle
Madam Clerk, Please refer to our enclosedpleading ofeven date for yourrecordation. A hard copywill follow viaUSPS. 

## Tlianli 

## you for 

## yourattention to tliis urnent rnatter. 

## 1Jouai£Ls J. 'Barnard; 'Esq.
NOTICE TORECiPIENT ALL THE PAGES WHICH CONSTITUTE THIS FACSIMILE TRANSMISSION CONTAININFORMATION WHICHIS CONFIDENTIALAND COVEREDBY ATTORNEY-CLIENT PRIVILEGE. The infonnationherein isintended solely for theuse oftheperson to whom it is addressed ordirected. If thereader ofthis notice is notlisted above, orifthe reader is not an employee or agent responsible for delivering the :fucsimile transmission to the addressee, then you are hereby notified that any dissenrination. distribution or reproduction ofany or a.Il ofthese pages is strictly prohibited. Ifyou have received this fucsimile tmnsmission in error, please notify us immediately and retwn the
· original fucsiinile transmissionto us viathe postal service. We will reimburse you for the postage.Thankyou.

Douglas J. Barnard, Esq."'

"'Also admitted to the District of Columbia AFFILIATES WORLDWIDE 13790 Roosevelt Boulevard Clearwater, Florida 33762 Email: dougb@olanelaw.com Phone: (727) 259-0224 Facsimile: (727) 259-0223