In The Matter Of: 

SERVED: January 11,2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2015-2439 

CLEAR DAY AVIATION, INC. 

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Case No. 2013EA390075 

Respondent 

ORDER SETTING A NEW DEADLINE TO FILE 

THE RULE 26(t) JOINTLY PROPOSED DISCOVERY PLAN 

AND CONTINUING THE RULE 16 LITIGATION SCHEDULING CONFERENCE 

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

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

Order set a deadline of January 5, 2016 for filing a Rule 26(f) Jointly Proposed Discovery Plan, 

and set the Rule 16 Litigation Scheduling Conference for Thursday, January 12, 2016, at 1:30 

p.m. Eastern time. 

On January 5, 2016, the parties failed to file a Rule 26(f) Jointly Proposed Discovery 

Plan. 

On January 11, 2016, the FAA filed the Agency's Motion for Postponement ofRule 16 

Litigation Scheduling Conference. The FAA requests a postponement of the Conference to the 

week of February 8, 2016. The basis of the FAA's request is that the parties are engaged in 

settlement negotiations and it is likely that if the case does settle, such settlement will occur 

within the next several ~eeks. The FAA represents that counsel for the Respondent does not 

object to postponing the Conference. 

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 Agency's Motion for Postponement of Rule 16 Litigation Scheduling Conference is 

granted. 

2. The parties' new deadline for filing a Rule 26(f) Joint Discovery Plan is Wednesday, 

February 3, 2016. 

3. The Litigation Scheduling Conference set for January 12,2016, at 1:30 p.m. Eastern 

time is continued to Wednesday, February 10,2016, 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 ofHearings (202-366-6941). 

Attachment: Service List 

Page 2 of2 
Docket No. FAA-2015-2439 

(Civil Penalty Action) 

SERVICE LIST-BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 ooo1 

Mr. Zachary M. Berman 

Complainant's Counsel 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 · 

Mr. H. Bruce Brandon 

Respondent's Counsel 

3439 South Aviation Drive 

Burlington, NC 27215 

TEL: 336-358-6300 

FAX: 336-286-7050 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAJ<: 202-366-7536 

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

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

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