## SERVED AUGUST 14, 2012::)!\flTMENT 

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## PQR"'''A'-• A l I

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### U.S. DEPARTMENT OF

## TRANSPORTA:Tf~NPEFi/UIOf\IS

In The Matter Of: 

### OFFICE OF HEARINGS WASHINGTON, DC l

DocketNo. FAA-2012-0775 MONROE AIR CENTER LLC ) ) ) ) ) Case No. 2011 SW 030084
..

.Respondent


### ORDERDISMISSING PROCEEDING
On August 9, 2012, an Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed.· On August 

### 13, 2012 the Respondent filed a**one-pag~** letter requesting an update onthe status ofthe case. In this letter the Respondent asserted that on July 30, 2012 the FAA had filed a Notice ofWithdrawal ofComplaint. On August 

### 13, 2012 the Office ofHearings (OH) staffreviewed all the filed documents in this case, and also did a computer a search ofthe FDMS public website, for all documents that had been posted bythe U.S. Department ofTransportation's Hearing Docket. The results ofthe.OH staffreview and search demonstrated that the FAA had not filed any Notice ofWithdrawal with the OH nor had the U.S. Department.'of Transportation'·s Hearing Docket posted any such filing. That same day, the OH clerical staffcontacted the Respondent and asked the Respondent to provide a copy ofthe FAA's July 30, 2012 Notice ofWithdrawal ofComplaint. The Respondent promptly emailed a copy to the OH clerical staff. The FAA's July 30, 2012 Notice ofWithdrawal included a Certificate ofService which·showed that the FAA had not served the Office'ofHearings with the Notice. On August 13, 2012 the Respondent notified the Office ofHearings ofthe FAA's July 30, 20i2 Notice ofWithdrawal. No Hearings are currently setin this matter.


### ItIs Hereby Ordered: 1) The Rule 16 Litigation Scheduling Conference, currently set on**No~ember** 1, 2012 (1:30pm EST) is hereby cancelled. The Rule 26(f) submission deadline is also cancelled.

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# ..2) Pursuant to 14 C.F.R. §13.215, the Complainant, the Federal Aviation Administration {FAA), has Withdrawn its Complaint dated June 29, 2012, and. this proceeding is dismissed withprejudice.

Attachment: Service List



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Page 

### 2 of2FDMS No. FAA-2012-0775 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MA.IL and FAX ORIGINAL & ONE COPY Federal Aviation Administration 1 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 · Wilbur Wright Building-Suite 2W1000 1

Alan Armstrong, Respondent's Counsel 2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 TEL: 770-451-0313 FAX: 770-451
..0317 Tim Duff, Complainant's Counsel Office ofthe Regional Counsel Southwest Region Federal Aviation Administration 2601 Meacham Blvd., Rooril663 Ft. Worth, TX 76137 TEL: 817-222-5099 FAX: 817-222-5092 

### ONE COPY

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 .,

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-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.