SERVED; APRIL 2, 2012 

;;:nART(vi£NTOF 

U.S. DEPARTMENT OF TRANSPORTATlON'ISPOalATlOM 

OFFICE OF HEARINGS ' •'• 'CKtT OPERATIOK'S 

WASHINGTON. DC 

mi ;I^R - 2 P 2M.5 

IN THE MATTER OF 

BADGER HELICOPTERS, INC. 

FAA DOCKET NO. [TO BE ASSIGNED! 

(Civil Pciiiilty Aclioii) 

FDMS NO. FAA-2012 - 0201 

PROCEDURAL ORDER 

In order to expedite the hearing in this iiiallcr, ihe parties shall comply with the 

Procedural Schedule set forth hercinbclow'. The Rules of Practice for this proceeding 

aresel forth in 14C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations". 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the Complaint (14C.F.R. t; 13.209(uy), that a 

general denial is deemed a failure to file an Answer (§ 13.209(e)). that failure to file an 

Answer without good cause is deemed an admission of each allegation in the Complaint 

(§13.209(0), and that, absent agreement of the parties, a party seeking an extension of 

lime 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. 14CFR t? 13.209(e) states: 

A person filing an answer shall admit, deny, or state thai the person is wivhout 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the 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 consider the possibility of 

' Materials fited in the FAA Hearing, Docltei (except for materiuls nied in security cases) are also available 

for viewing at htlp://www.resulat!Oiis.sov. 

^ The Administrator's civil penally decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

h{tp://\\^\'\\Kfcia.^ov/(iboi<i/njfscejng/hcmiquarters_ojficcs/a^c/pol_aiijmi^^^^ see 

also: }uip://ecfr.gpoacccss.go\'/cgiA/lexi/iext-idx?c=ecfr&ip!-/ecfrbwwsefritle}4/l4tab_02.(pL In 

addition. Thomson ReutersAVest Publishing publishes Federal Aviation Decisions. Finally, the decisions 

are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database). For additional 

information, see the Web site. 

1 
seltlcnicnl ajid compromise of this matter.' Compromise may he effected with or 

without a finding of violation (14C.F.R. ;?13.16 (n) (1)). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

Judge. Other Judges have different policies, but as long as this case is assigned to the 

undersigned presiding Judge the parties may, but are not required, serve discovery on (he 

undersigned. 

The judge will not discuss the case with any party,** or its representative on an ex 

parte basis. If a party has a non-substantive matter to discuss, ihcy should contact the 

Judge's attoniey-advisor, Mr. Ira Lcibowitz at (202) 366-2139 (lra.Leibowil/:@dot.gov). 

Adtiiinistrative matters may be addressed to the judge's. Legal Assistant, Pat Matthews 

1202-366-51211 (Patricia.Mattliews@dot.t>ov). 

WHEREFORE, the parties he and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Rapid City, S.D.; 

2. On or before June 1, 2012, the parties shall conclude all discovery including, but 

not limited to, depositions, document production, responses to production 

requests and/or interrogatories. If the parties cannot resolve a discovery dispute 

they shall submit the dispute to the undersigned for resolution in a timely matuier; 

3. The parties shall be prepared to present this case at a iiearing on or after June 1, 

2012 . subject to the availability of courtroom facilities. The specific date and 

time for the hearing will be forthcoming in a separate Order. 

4. The parties will have the opportunity to file Post-Hearing briefs and arguments 

pursuant to a schedule to be determined at the hearing. For guidance, the 

following schedule is typically used: Complainant shall file its brief fifteen (15) 

days after receipt of the transcript; Respondent shall its brief fifteen (15) days 

thereafter; and any rebuttal brief by the Complainant shall be filed seven (7) days 

thereafter. 

•^ See Linda Joyce Goodman. FAA Docket No. CP89WI»006t, Order dated May 30. 1989. 

"The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to foster frank discussions". (Fiberglass Insulators. Inc. v Dupuv, et al, 

(856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. 

§266 (6lh ed.); Rule 68 of Ihe Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporaiion. FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

^ 14 CF.R. § 13.22! slates: 'The administrative law judge shall give each parly at lea.si 60 days notice of 

the dale, time and location of the hearing." 
5. Settled cases will not be removed from the hearing docket until the proper written 

pleading(s), consistent with the applicable rtiies,*' is received by the presiding 

Judge.'' 

6. The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, may be delayed due to 

screening conducted by the 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 of submissions. The parties are 

encouraged, but not required, to file subtiiissions by private dehvery service, 

facsimile, or email. The certificate of service shall reflect the manner of service. 

The parties are encouraged to provide email addresses lo expedite service of 

pleadings. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

14 CF.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a 

Gomptainl or party may wiilidraw a request for a hearing without the consent of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismi.ss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates, FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379. "Order Terminating Proceeding", served February 26, 2005; citing Kerrv James Eldridee. FAA 

Docket CP89GL0458, '"Order Canceling Hearing and Terminating Proceeding", served January 16. 1991, 

at 1; In The Matter of Robert Hanis FAA Dockei No. CP03EA0001. DMS No. FAA-2002-14236.. Orders 

dated October 18,2004 and October 27. 2004. USAIR. Inc.. FAA Duckei CP90NE0359. Trans World 

Airlines. Inc., FAA Dockets CP90GL0085. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992. p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris, FAA Docket No. CP03EA0001. DMS No. FAA2005-14. August 15.2005. 
FDMS No. FAA-2012-020 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Cierk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Michael Jacob, President 

Badger Helicopters, Inc., Respondent 

24564 Hwy 16/385 

Custer, SD 57730 

Agnes M. Rodriguez, Complainanf 's Counsel 

Senior Attorney, Office of the Chief Counsel 

Enforcement Division, AGC-300 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-7268 

FAX: 202-267-5106 

The Honorable Richard C. Goodwin, Adminislralive Lciw Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E, Room E11 -310 

Washington, DC 20590 

TEL: Attorney-Advisor: 202-366-2139 

Staff Assistant/Paralegal 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For ser\'ice 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.