### SERVED: January 11,2017
U.S. DEPARTMENT OF TRANSP0Rif6Afffil OFFICE OF HEARINGS

## TRAHSPORE,.~TTOF WASHINGTON DC 111 

### ION 

## ' 1011 JAN I2 A IQ: 

## 3I
In The Matter Of: ) 

### DOCKET OPERATIONS ) Docket No. FAA-2014-1116 Pacific International Skydiving Center ) ) Case No. 2014WP130012 & 

### )**2014VV~130023** 

### Respondent )



### ORDERDENYING RESPONDENT'S REQUEST TO VACATE ORDER SETTING DEADLINE FORPOSTHEARING BRIEFS
On May 17, 2016, the undersignedjudge held a prehearing conference inthe above captioned
case. During the course ofthe conference, the parties developed ajointlitigation schedule with a timeline dependent upon the hearing date, including a deadline for filing prehearing motions. On May 19,2016, the undersignedjudge issued a Prehearing Conference Report, ordering the parties to adhere to thejoint litigation schedule. On July 1, 2016, the undersignedjudge issued a Notice ofHearing, setting the hearing in this
case to begin on December 13, 2016. That same date, the undersignedjudge issued an Order Finalizing Litigation Schedule requiring that prehearing motions be filed by September 29, 2016. Neither party filed any prehearing motions. OnNovember 28, 2016, the undersignedjudge conducted a second prehearing conference to resolve any issues before the commencement ofthe hearing. During the conference, counsel for the Respondent did not raise any concern regarding subject matterjurisdiction. The undersignedjudge 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 ofsubject matterjurisdiction, without providing any authority for the motion to dismiss. 1 

### The undersignedjudge 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 undersignedjudge 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 undersignedjudge 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 ofthe hearing. Atthe close of the hearing, the undersignedjudge set deadlines for the parties to submit briefs onthe jurisdiction issue. Further, the undersignedjudge indicated the parties should work concurrently
onposthearing briefs pursuant to 14 C.P.R. 

### § 13.231(c), which would be due 30 days after the receipt ofthe transcript.2 OnDecember 27, 2016, the Respondent filed a briefin support ofits motion to dismiss due to lack ofsubject matterjurisdiction.3 OnJanuary 6, 2017, the undersignedjudge ordered that bothparties' posthearing briefs pursuant to 14 C.P.R.§ 13.231(c) be submitted by February 6, 2017 because the transcript was received onJanuary 5, 2017. On January 10, 2017, the Respondent filed a Renewed Motion to Dismiss for Lack of Subject-MatterJurisdiction and to Vacate the Order Setting Deadline for Posthearing Brief ("Renewed Motion"). As explained at the close ofthe hearing, the Respondent decided to delay raising the subject matterjurisdiction issue, failing to file the motion to dismiss as a prehearing motion despite the jointly agreed uponpreheating 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 ofthe parties and witnesses who would be traveling to the site ofthe hearing. The Respondent instead raised the motion for the first time orally at the start ofthe hearing, once all parties had traveled to the site ofthe 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 ofthis case, the undersignedjudgeheld the hearing to collect evidence from the witnesses and then ordered posthearing briefing onthe subject matterjurisdiction issue. Further, to ensure there would be

no further delay inprocessing this case, the undersignedjudge ordered the parties to concurrently complete theirrequested briefing on otherposthearing matters pursuantto 14 C.F

### .R. 

### § 13.231(c). Nothing has changed inthe four weeks thathave passed from the close ofthe hearing that would warrant a change inthe briefing schedule. The Respondent has, in fact, nowfiled two briefs onthejurisdictional issue and still has nearly 26 days to complete and submit a

2See id at 3-141. 3 The Complainant's responsive briefon 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 Briefis denied.

### ~,e:: 

# __ _ DOUGLAS M. RAW ALD ----._ Administrative Law Judge

Attachment: Service ListSERVICE 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 2W10004

ONE COPY Robert L. Feldman, Respondent's Counsel 8900 SW 1 07th Avenue, Suite 203 Miami, FL 33176 TEL: 305-598-4841 FAX: 305-598-4842
Don Bobertz, Complainant's Counsel Office ofthe Regional Counsel, AWP-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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-1116 (Civil Penalty Action)

4 Service was byU.S. Mail. For service in person orby 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.