In The Matter Of: 

## SERVED: 

## January 27,2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

,, .·': .· DocketNo. FAA-2015-2442 B & G INDUSTRIES, LLC ) ) ) ) ) Case No. 2013NM910238 Respondent


### ORDER CONTINUING THE DEADLINES FORTHE 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 Directingthe Parties to Confer and File a Rule 26(±) Proposed Discovery Plan was filed. This Order set a deadline ofJanuary 14, 2016, for filing a Rule 26(±) Jointly Proposed Discovery Plan, and setthe Rule 16 Litigation Scheduling Conference for Thursday, January 21,2016, at 1:30 p.m. Easterntime. OnJanuary 14, 2016, the FAA and the

### prose Respondent, B & G Industries, LLC, failed to file ajoint discovery plan. One day later, onJanuary 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, butthat the FAAhadnotbeenresponsive to its attempts to convene for a Rule 26(±) discussion and submission. On January 21, 2016, bothparties appeared bytelephone for the Rule 16 Litigation Scheduling Conference. The FAA orally moved for a continuance ofboththe Rule 26(±) submission and the Rule 16 Litigation Scheduling Conference, to allowthe parties time for settlement discussion. TheRespondent 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, andbeing 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 ofJanuary 14, 2016 for the parties' submission ofthe 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 ofthis 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 ofHearings (202-366-6941).

Attachment: Service List

Page 2 of2

## J DocketNo. FAA-2015-2442 (Civil Penalty Action) 

### SERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC--430 Wilbur Wright Building-Suite2W10001



### Mr. Robert Spitzer 

### Complainant's Counsel Northwest MountainRegion, ANM-7 Federal AviationAdministration 1601 Lind Ave., S.W. Renton, WA 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. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY



### 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPC[: 202-366-7536

1 Service was byU.S. Mail. For service inperson orby expedited courier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.