In The Matter Of: DANIEL QUINONEZ Respondent 

## SERVED AUGUST 10, 2012
U.S. DEPARTMENTOF TRANSPORTATION OFFICE OFHEARINGS WASHINGTON,DC
) ) ) ) ) Docket No. FAA-2012-0473 Case No. 2012-EA-610020 

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ORDER GRANTING CONTINUANCE, SETTING SECOND CR 16 LITIGATIONSCHEDULING CONFERENCE AND GRANTING/DENYING OTHERRELIEF 

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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 theirjointCR26(f) Scheduling/Discovery Plan on orbefore Thursday, August 2, 2012, and to appear on Friday, August 10,2012 for a CR 16 Litigation Conference. OnAugust 2, 2012, the parties filed ajointRule 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 ofthepro se Respondent, Daniel Quinonez, appeared on behalfofher father. Ms. Vargas had not filed a Notice ofAppearance, 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 onmedication, 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. Vargasjointlyrequested an additional four ( 4}weeks oftimeto pursue settlement discussions, provided their calendar availability for a new CR 16 Conference date. After having reviewed the pleadings inthis 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 ofthe 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 ofHearings shall initiate the conference

## call~ · t 3. Priorto Tuesday, July 10, 2012, ifthe 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 ofHearings.

Attachment

- Service List



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SERVICE 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-Suite 2W10001 

### ONE COPY Daniel ·Quinonez, 

### Respondent c/o Frances Vargas 

### -Respondent'sdaughter 1

012 Eastern Avenue Fall River, MA 02723 TEL: 508-496-8710 

### R. Bennett Sargent, 

### Complainant's Counsel Office ofthe 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 orby 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.