InThe Matter Of: 

## SERVED: January 

## 11,2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-2439 CLEARDAY AVIATION, INC. ) ) ) ) ) Case No. 2013EA390075 Respondent


### ORDERSETTINGA NEWDEADLINE TO FILE THE RULE 26(t) JOINTLY PROPOSED DISCOVERYPLAN 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 ofJanuary 5, 2016 for filing a Rule 26(f) Jointly Proposed Discovery Plan, and setthe Rule 16 Litigation Scheduling Conference for Thursday, January 12, 2016, at 1:30 p.m. Easterntime. OnJanuary 5, 2016, the parties failed to file a Rule 26(f) Jointly Proposed Discovery Plan. OnJanuary 11, 2016, the FAA filed the Agency's Motion for Postponement ofRule 16 Litigation Scheduling Conference. The FAArequests a postponement ofthe Conference to the week ofFebruary 8, 2016. The basis ofthe FAA'srequest is thatthe parties are engaged in settlement negotiations and it is likely that ifthe case does settle, such settlement will occur withinthe next several**~eeks.** The FAA represents that counsel for the Respondent does not object to postponing the Conference. Pursuantto 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 ofRule 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 ofthis Order or questions with regard to the procedures to be followed inthis case, please contact Mr. Cody 

### L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 2 of2

### DocketNo. FAA-2015-2439 (Civil Penalty Action) 

## SERVICE LIST-BYU.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-Suite2W1

# ooo1



### Mr. Zachary M. Berman Complainant's Counsel Federal Aviation Administration Office ofRegional 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 

### ONE COPY

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

1 Service was byU.S. Mail. For service inperson orby expedited courier, use the followirig address: Federal AviationAdministration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.