SERVED: January 11,2017 

U.S. DEPARTMENT OF TRANSP0Rif6Afffil 

OFFICE OF HEARINGS TRAHSPORE,.~TT OF 

WASHINGTON DC 111 ION 

' 1011 JAN I 2 A IQ: 3 I 

In The Matter Of: ) DOCKET OPERATIONS 

) Docket No. FAA-2014-1116 

Pacific International Skydiving Center ) 

) Case No. 2014WP130012 & 

) 2014VV~130023 

Respondent ) 

ORDER DENYING RESPONDENT'S REQUEST TO VACATE ORDER 

SETTING DEADLINE FOR POSTHEARING BRIEFS 

On May 17, 2016, the undersigned judge held a prehearing conference in the above captioned 

case. During the course of the conference, the parties developed a joint litigation schedule with a 

timeline dependent upon the hearing date, including a deadline for filing prehearing motions. 

On May 19,2016, the undersigned judge issued a Prehearing Conference Report, ordering 

the parties to adhere to the joint litigation schedule. 

On July 1, 2016, the undersigned judge issued a Notice of Hearing, setting the hearing in this 

case to begin on December 13, 2016. That same date, the undersigned judge issued an Order 

Finalizing Litigation Schedule requiring that prehearing motions be filed by September 29, 2016. 

Neither party filed any prehearing motions. 

On November 28, 2016, the undersigned judge conducted a second prehearing conference to 

resolve any issues before the commencement of the hearing. During the conference, counsel for 

the Respondent did not raise any concern regarding subject matter jurisdiction. 

The undersigned judge conducted a hearing in the above captioned case from December 13 

to 15, 2016. At the start ofthe hearing, the Respondent orally moved to dismiss the case due to a 

lack of subject matter jurisdiction, without providing any authority for the motion to dismiss. 1 

The undersigned judge took the matter under advisement and proceeded with the hearing due to 

1 After Respondent's counsel briefly discussed its lack of jurisdiction argument, the undersigned judge specifically 

asked, "what's the rule you're citing to for the fact that it would-- the case would be void? Do you have regulation 

for me, or that citation?" Respondent's counsel responded, "I don't. It's case law and I don't have it handy. I have 

it in my notes but it would take a while to find it." Following this exchange, the undersigned judge requested that 

counsel find authority in support ofhis motion while the hearing continued. See transcript at 1-17-18. 
the parties having traveled to Honolulu, Hawaii, for the purposes of the hearing. At the close of 

the hearing, the undersigned judge set deadlines for the parties to submit briefs on the 

jurisdiction issue. Further, the undersigned judge indicated the parties should work concurrently 

on posthearing briefs pursuant to 14 C.P.R. § 13.231(c), which would be due 30 days after the 

receipt of the transcript. 2 

On December 27, 2016, the Respondent filed a brief in support of its motion to dismiss due 

to lack of subject matter jurisdiction.3 

On January 6, 2017, the undersigned judge ordered that both parties' posthearing briefs 

pursuant to 14 C.P.R.§ 13.231(c) be submitted by February 6, 2017 because the transcript was 

received on January 5, 2017. 

On January 10, 2017, the Respondent filed a Renewed Motion to Dismiss for Lack of 

Subject-Matter Jurisdiction and to Vacate the Order Setting Deadline for Posthearing Brief 

("Renewed Motion"). 

As explained at the close of the hearing, the Respondent decided to delay raising the subject 

matter jurisdiction issue, failing to file the motion to dismiss as a prehearing motion despite the 

jointly agreed upon preheating motion deadline. The Respondent further gave no indication of 

his intent to raise the issue at a prehearing conference intended to ensure the hearing was 

conducted in an orderly fashion without unduly wasting the time of the parties and witnesses 

who would be traveling to the site of the hearing. The Respondent instead raised the motion for 

the first time orally at the start of the hearing, once all parties had traveled to the site of the 

hearing. At the time counsel for Respondent made the oral motion, he was unable to cite to any 

authority in support ofhis motion. To ensure the orderly disposition of this case, the 

undersigned judge held the hearing to collect evidence from the witnesses and then ordered 

posthearing briefing on the subject matter jurisdiction issue. Further, to ensure there would be 

no further delay in processing this case, the undersigned judge ordered the parties to concurrently 

complete their requested briefing on other posthearing matters pursuant to 14 C.F .R. § 13.231 (c). 

Nothing has changed in the four weeks that have passed from the close of the hearing that 

would warrant a change in the briefing schedule. The Respondent has, in fact, now filed two 

briefs on the jurisdictional issue and still has nearly 26 days to complete and submit a 

2 See id at 3-141. 

3 The Complainant's responsive brief on this issue is due on January 12, 2017. See id at 3-140. 
posthearing brief. 

Pursuant to 14·C.F.R. §§ 13.205(a)(6), IT IS HEREBY ORDERED: the Respondent's 

Renewed Motion is denied in part in that his request to vacate the Order Setting Deadline for 

Posthearing Brief is denied. 

~,e:: __ _ DOUGLAS M. RAW ALD ----._ 

Administrative Law Judge 

Attachment: Service List 
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 0004 

ONE COPY 

Robert L. Feldman, Respondent's Counsel 

8900 SW 1 07th A venue, Suite 203 

Miami, FL 33176 

TEL: 305-598-4841 

FAX: 305-598-4842 

Don Bobertz, Complainant's Counsel 

Office of the Regional Counsel, A WP-7 

Federal Aviation Administration 

Western-Pacific Region 

P. 0. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-3454 

FAX: 310-725-6816 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2014-1116 

(Civil Penalty Action) 

4 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 2W1000, Washington, 

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