### SERVED: DECEMBER 

### 12, 2016


# u.s. DEPARTMENT OF TRANSPORTATION 

## DEPARTMENT OF OFFICE OF HEARINGS 

## TRANSPORTATION

WASHINGTON, DC 

## ZBI. DEC 1 3 p tp 

## 35 IN THE MATTER OF 

## DOCKET OPERATIONS**TRANST~EEXPRESS** FAADOCKETNO. FAA-2012-1260 (Civil Penalty Action)


### ORDER OF CIDEF ADMINISTRATIVE LAW,.fUDGE GRANTING CONSENT MOTION TO EXTEND DEADLINES At a Preheating Conference ("PHC") on October 26,2016, the parties were ordered to submit documents. 1 On December 1, 2016, (1) Complainant Assistant ChiefCounsel for Enforcement, Federal Aviation Administration ("Complainant"), filed and served a Notice of Settlement, stating that "the parties in this matter have agreed to settle the matter," which "does not need to be scheduled for a hearing";2 and (2) Respondent Trans Time Express ("Respondent") served but did not file3 a Consent Motionto Extend Deadlines ("Motion"), requesting "an order in accordance with the agreement [with Complainant], extending all deadlines
... for 

### thirty days."4 The Motion states that the "parties have settled the case," and Complainant is drafting an agreement for submission to the Judge before December 25,2016. 5 Good cause having been shown, the extension is granted. 6 Because a 30-day extension allows insufficient time for the parties to timely file the documents required ifsettlement is not

1 Complainant, butnot Respondent, responded bythe first deadline ofNovember 9, 2016; and neitherparty moved to correctthe PHC transcript bythe deadline ofNovember 28, 2016. 2 Letter, Complainant's Counsel to Hon. Ronnie A Yoder, at 1 (Dec. 1, 2016) ("SettlementNotice"). Though page 2 indicates "CCbyU.S. Mail and Fax," to Respondent's Counsel andthe Hearing Docket, as ofDecember 9, 2016, no image ofthe SettlementNotice is available in DocketNo. FAA-2012-1260 at fdm.s.gov orregulations.gov. 3 All written motions mustbe filed. See, e.g., 13 C.F.R. §§ 13.213(b) (filing written motion for extension of time), 13.218(c) (filing motions), (d) (filing answers to motions), (f) (filing specific motions). 4 Motion at 1. sld. 6 § 13.213(b).achieved by December 25, 2016, a 49-day extension ofeach deadline is appropriate. Accordingly, IT IS ORDERED THAT- (1) On orbefore December 23, 2016, a party shall serve, file, and deliver to the Judge- (a) A report that the parties have failed to settle; or (b) A notice, in accordance with§ 13.215, inwhich either Complainant withdraws its complaint or Respondent withdraws its request for hearing and answer.7 (2) On orbefore the due date set below, each ofthe following shall be served, flled, and received bythe Judge unless, on_or before that due date, a notice specified inparagraph (1)(b), above, is served, filed, and delivered to the Judge: (a) December 28, 2016-Respondent's financial and small-business-concern documentation. (b) January 16, 2017-Anymotionto correct the PHC transcript. (c) January 30, 2017-Anybriefonproposed penalty, small business, ability to pay, and proofoftraining violations. (d) February 6, 2017-Anyreply to a briefspecified inparagraph (2)(c), above. SO ORDERED.

Attachment

- Service List

7 "At anytime before or during a hearing, an agency attorney may withdraw a complaint or a partymay withdraw a request for a hearing without the consent ofthe administrative lawjudge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 

### -2-

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 

### UPDATED SERVICE LIST ORIGINAL & 

### ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbm Wright Building-Suite 2W1 0008 

### Docket No. FAA-2012-1260 (Civil Penalty Action)



### ONE COPY (FOLLOWING COURTESY COPY

### BY FAX/EMAIL, IF APPLICABLE) Cameron Niakan, Respondent's Counsel 

### 10101 Grosvenor Pl. #620 Rockville, MD 20852 TEL: 202-276-4726 FAX: (None Provided) EMAIL: cn@Niakanlaw.com Andrew Lambert, Complainant's Counsel 

### Enforcement Division, AGC-300 Office ofthe ChiefCounsel, FAA 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7617 FAX: 202-267-5106 The Honorable Ronnie A. Yoder,

Chief Administrative LawJudge 

### U.S. Department ofTransportation Office ofHearings, M-20 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536

8 Service was byU.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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