U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

jOHN WALSH 

FAA DOCKET NO. 2014-0548 

(Civil Penalty Action) 

Hon. j. E. Sullivan, Administrative Law judge 

MOTION TO DEFER PRE-TRIAL PROCEDURES 

RFC~ ~ ,_ EIVED 

Respondent, john Walsh, by and through his undersigned attorney, 

respectfully moves the Court for the entry of an order deferring the Litigation 

Scheduling Conference and the Planning Meeting/Submission of Proposed 

Discovery Plan. In support of this Motion, Respondent states: 

By Order served September 22, 2014, the Court ordered the parties to (1) 

conduct a Rule 26(f) planning meeting by November 13, 2014, and attempt to agree 

on a discovery plan; and (2) appear by telephone on November 20, 2014, at a 

Litigation Scheduling Conference. 

On November 4, 2014, undersigned counsel advised Mr. Cody Smith by 

telephone and email the parties had settled this matter and that there might be a 

delay in FAA counsel completing the paperwork. See, email thread attached hereto 

as Exhibit A. The settlement paperwork has not yet been provided to undersigned 

counsel and, pursuant to Mr. Smith's suggestion, this Motion follows. 

Undersigned counsel attempted to speak with Mr. Stevenson this morning to 

secure his non-opposition to this Motion, but was advised Mr. Stevenson is out of 
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the office today. Undersigned counsel believes in good faith that Mr. Stevenson is 

not opposed to this Motion. 

WHEREFORE, Respondent respectfully requests the Court to issue an order 

deferring the November 13, 2014, Rule 26(f) planning meeting and the November 

20, 2014, Litigation Scheduling Conference. 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

Email: stuartgoldsteinpa@att.net 

1 ,1 a .. 1.,,-~~ By: -!A nm;fl '(JtW~ Stuart A. Goldstein 

Attorney for john Walsh 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing Motion To Defer Pre-Trial Procedures 

has been served on this 12th day of November, 2014, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By facsimile (404) 305-5223 

and regular U. S. Mail 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

800 Independence Avenue, S. W. 

Washington, D. C. 20591 

STUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI. FL 33156 

T, (305) 670-1222 p, (305) 400-068S STUARTGOLDSTEINPA@ATT.NET 
and that a copy was served upon: 

Honorable). E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, D. C. 20590 

By email to: cody.smith@dot.gov 

By:~/1. l J ~!Jl~~ u 

Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 400-0685 STUARTGOLDSTEINPA@ATT.NET 

3 
From: coay.smrtlh~fdot gov 

Subjecto RE: John Walsh Docket No. FAA-2014-0548 

Date: November 4, 2014 at 11:57 AM 

To: stuartgolcist.::·in PB. ,0; att. net, chns. stevenson ,g··taa. '00\' 

Good afternoon, gentlemen. 

Please disregard the partial message below. I forget that the key used to insert a section symbol in 

Microsoft Word performs a much different function in Outlook: my apologies. 

If for some reason you are unable to submit a final withdrawal under 14 C.F.R. 13.215 before November 

19, 2014, you can subm1t a bnef motion to continue the Rule 16 Litigation Scheduling Conference. That 

will remove the need for you to appear on November 20 and also give us time to cancel the court 

reporter. 

Please contact me with any other procedural questions. Thank you. 

Cody Smith 

Attorney-Advisor 

Office of Hearings, M-20, U.S. Dep't of Transportation 

1200 New Jersey Ave., S.E. (E-11-310) 

Washington, DC 20590 

Phone: 202-366-6941 

e-mail: cody.smith@dot.gov 

From: Smith, Cody (OST) 

Sent: Tuesday, November 04, 2014 11:48 AM 

To: 'Stuart Goldstein'; <Chris.Stevenson@faa.gov> 

Subject: RE: John Walsh Docket No. FAA-2014-0548 

Thank you, sir. lffor some reason you are unable to submit a final withdrawal under 14 C.F.R. 

From: Stuart Goldstein [mailto:stuartgoldstein~att.net] 

Sent: Tuesday, November 04, 2014 11:37 AM 

To: Smith, Cody (OST); <Chris.Stevenson@faa.gov> 

Cc: Stuart Goldstein 

Subject: John Walsh Docket No. FAA-2014-0548 

Mr. Smith: This confirms my telephonic advice to you this morning that Mr. Stevenson and I 

have agreed to the terms of a settlement in the above-referenced matter. As I mentioned, due to 

scheduling, Mr. Stevenson may not be able to get the paperwork to me before Friday, so there 

might be a slight delay in a final confmnation to Judge Sullivan. 

Thank you, 

Stuart A. Goldstein 

Board Certified Aviation Law Attorney 

Stuart A. Goldstein, P. A. 

7300 North Kendall Drive 

Suite 380 A 
Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

stuargoldstein~