### U.S. DEPARTMENT OF TRANSPORTATION 

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### I: 3**~J** OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF JOSEPH MARIDON, 

### SR. DOCKETNO. FAA 2014-0116 (Civil Penalty Action).

PROCEDURAL ORDER 

### In orderto expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow1• 

### The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. 

### Those rules provide, inter alia, that the Respondent must file a written Answer or motion withinthirty (30) days after service ofthe Complaint (14 C.P.R. § 

### 13.209(a)), that a general denial is deemed a failure to file an Answer(§ 13.209(e)), thatfailure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint (§13.209(±)), and that, absent agreement oftheparties, a party seeking an extension of time must file a written.motion not less than seven (7) days before the document is due, absent good cause shown(§ 13.213(a) and (b)). More specifically, 14 CFR § 

### 13.209 (e) states: A person filing an answer shall admit, deny, or state thatthe person is without sufficientknowledge or informationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://wwwjaa.gov/ about/office_ orglheadquarters _offices/age/pol_adjudication/ agc4001civil yenaltyl; see also: http://ecfr.gpoaccess.gov/cgiltltext/text-idx?c=ecfr&tpl=lecfrbrowse/Title14/14tab _02.tpl. In addition, Thomson Reuters/West Publishingpublishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database. For additional information, see the Web site. 1that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersignedpresiding Judge theparties may, but are not required to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, orrepresentative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to th'e following procedural schedule:
1. Venue shall be Spokane, WA.; 2. On orbefore August 1, 2014, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after August 1, 2014\ subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunityto file Post-Hearingbriefs and arguments pursuantto a schedule to be determined atthe hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthetranscript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in orderto get the dates reserved on thejudge's calendar. 2

### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5

### is received bythe presiding judge.6


### 6. The parties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe delayed due to screening conductedbythe U.S. Postal Service and/or other security agencies and may take up to four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service, facsimile, or email. ·The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters should he directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters shouldbe addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for 

### ahearing and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 

### 3

### SERVICE LIST- BY U.S. 

### MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 80Q Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Joseph Maridon, Sr., Respondent 9212 E. Frederick Ave Spokane, W A 99206-4303 

### ONE COPY

Jospeph R. Maridon, Jr., Respondent's Counsel Attorney at Law · 6130 Elton Ave Las Vegas, NV 89107
Naomi Tsuda, Complainant's Counsel Office ofthe Regional Counsel, AWP-7 Federal Aviation Administration Western-Pacific Region, P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7100 FAX: 310-725-6816
The Honorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0116 (Civil Penalty Action)

1 Service was by U.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.
3SERVICE LIST - BYU.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-Suite2W1000 1 •


### Joseph Maridon, Sr., Respondent 

### 9212 E. Frederick Ave Spokane, W A 99206-4303 ONE COPY



### Jospeph R. 

### Maridon, Jr., Respondent's Counsel 

### Attorney at Law 6130 Elton Ave Las Vegas, NV 89107
Naomi Tsuda, Complainant's Counsel 

### Office ofthe Regional Counsel, AWP-7 Federal Aviation Administration Western-Pacific Region, P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7100 FAX: 310-725-6816
The Honorable Richard C. Goodwin,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-2014-0116 (Civil Penalty Action)

1 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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.