In The Matter Of: 

DANIEL QUINONEZ 

Respondent 

SERVED AUGUST 10, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2012-0473 

Case No. 2012-EA-610020 .. 

ORDER GRANTING CONTINUANCE, SETTING 

SECOND CR 16 LITIGATIONSCHEDULING CONFERENCE AND 

GRANTING/DENYING OTHER RELIEF 

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On July 2, 2012 an Order Setting Rule 16 Litigation Scheduling Conference, and 

Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order directed 

the parties to file their joint CR 26(f) Scheduling/Discovery Plan on or before Thursday, August 

2, 2012, and to appear on Friday, August 10,2012 for a CR 16 Litigation Conference. 

On August 2, 2012, the parties filed a joint Rule 26(f) Proposed Scheduling/Discovery 

Plan. 

.. On August 10, 2012, th~ FAA appeared by telephone for the Rule 16 Litigation 

·Scheduling Conference. Ms. Frances Vargas, the daughter of the pro se Respondent, Daniel 

Quinonez, appeared on behalf of her father. Ms. Vargas had not filed a Notice of Appearance, 

but noted that her father had agreed to allow her to appear on his behalf. Mr. Quinonez was 

present in the room, but was· sl~~ping. Ms. Vargas did not want to wake her. fatlJ~r .because he 

had recently broken his hand, had been put on medication, and needed the rest. 

During the August fO, 2012 the Rule 16 Litigation Scheduling Conference;:the FAA 

noted that it had been in recent contact with Ms. Vargas regarding the Respondent's case, and 

that the parties were discussing settlement. The FAA and Ms. Vargas jointly requested an 

additional four ( 4} weeks of time to pursue settlement discussions, provided their calendar 

availability for a new CR 16 Conference date. 

After having reviewed the pleadings in this case, and having considered all relevant 

caselaw, regulation, statutory authority, and being fully advised; 

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IT IS HEREBY ORDERED: 

1. The parties' joint Request for Continuance of the Rule 16 Litigation Scheduling 

Conference is granted. 

2. The second CR 16 Litigation Scheduling Telephone Conference is set for Friday, 

September 7, 2012 at lO:OOam Eastern time. The Office of Hearings shall initiate 

the conference call~ · t 

3. Prior to Tuesday, July 10, 2012, if the parties reach a settlement and wish to move to 

cancel the conference, they must file the necessary settlement notice, withdrawal 

notice, or other necessary document(s) with the Office of Hearings. 

Attachment - Service List 

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SERVICE LIST- BY U.S. MAIL 

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 2W1 0001 

ONE COPY 

Daniel ·Quinonez, Respondent 

c/o Frances Vargas -Respondent's daughter 

1 012 Eastern A venue 

Fall River, MA 02723 

TEL: 508-496-8710 

R. Bennett Sargent, Complainant's Counsel 

Office of the Regional Counsel 

New England Region 

Federal Aviation Administration 

12 England Executive Park, ANE-7 

Burlington, MA 01803 

TEL: 781-238-7058 

FAX: 781-238-7055 

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 

FDMS NO. FAA-2012-0473 

(Civil Penalty Action) 

1 

For service in person or by expedited 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.