In The Matter Of: 

SERVED: January 27,2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

,, .·': .· 

Docket No. FAA-2015-2442 

B & G INDUSTRIES, LLC 

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) 

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Case No. 2013NM910238 

Respondent 

ORDER CONTINUING THE DEADLINES FOR THE RULE 26(t) JOINTLY 

PROPOSED DISCOVERY PLAN AND 

RULE 16 LITIGATION SCHEDULING CONFERENCE 

-~-' 3 

On October 1,2015, an Order Setting a Rule 16 Litigation Scheduling Conference, and 

Directing the Parties to Confer and File a Rule 26(±) Proposed Discovery Plan was filed. This 

Order set a deadline of January 14, 2016, for filing a Rule 26(±) Jointly Proposed Discovery Plan, 

and set the Rule 16 Litigation Scheduling Conference for Thursday, January 21,2016, at 1:30 

p.m. Eastern time. 

On January 14, 2016, the FAA and the prose Respondent, B & G Industries, LLC, failed 

to file a joint discovery plan. 

One day later, on January 15, 2016, the prose Respondent filed a two-page letter, with a 

one-page attachment, asserting that it wanted to be in compliance with court directives, but that 

the FAA had not been responsive to its attempts to convene for a Rule 26(±) discussion and 

submission. 

On January 21, 2016, both parties appeared by telephone for the Rule 16 Litigation 

Scheduling Conference. The FAA orally moved for a continuance ofboth the Rule 26(±) 

submission and the Rule 16 Litigation Scheduling Conference, to allow the parties time for 

settlement discussion. The Respondent did not object. This Order codifies the Court's oral 

rulings on January 21, 2016. 
Pursuant to 14 C.F.R. § 13.205(a)(1) and (8), and having reviewed the case file, all 

pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. The FAA's unopposed Motions to Continue the Rule 26(£) submission and the Rule 16 

Litigation Scheduling Conference are granted. 

2. The deadline of January 14, 2016 for the parties' submission of the Rule 26(£) Joint 

Discovery Plan is continued to Thursday, February 11,2016. 

3. The January 21, 2016 Rule 16 Litigation Scheduling Conference is continued to 

Thursday, February 18, 2016, at 1:30 p.m. Eastern time. To access the Court's 

conference line, the parties shall call202-493-2343. 

4. For clarifications of this Order or questions with regard to the procedures to be 

followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the 

Office of Hearings (202-366-6941). 

Attachment: Service List 

Page 2 of2 
J 

Docket No. FAA-2015-2442 

(Civil Penalty Action) 

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 2W1 0001 

Mr. Robert Spitzer 

Complainant's Counsel 

Northwest Mountain Region, ANM -7 

Federal Aviation Administration 

1601 Lind Ave., S.W. 

Renton, W A 98057 

TEL: 425-227-1847 

FPC[: 425-227-1007 

Mr. Karl Bertagnole, President 

B & G Industries, LLC 

Respondent 

PO Box 669 

Greybull, WY 82426 

TEL: 307-765-9911 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FPC[: 202-366-7536 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

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