## SERVED: SEPTEMER 4, 2012.

U.S. DEPARTMENT OF TRANSPORTATION OFFiCE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF STEPHEN GUNNER GAMA FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012 :- 0871

PROCEDURAL ORDER In orderto expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• 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 within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)), that a general denial is deemed afailure to file an Answer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint (§13.209(f)), and that, absent agreement oftheparties, a party seeking an extension of time must file a written motion not lessthan 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 that the person is without sufficient knowledge or information to admit or deny, each numberedparagraph ofthe complaint. Any statement or allegation contained inthe complaint thatis not specifically denied inthe answer may bedeemed an admission o:fthe truth of that allegation. A general denial ofthe complaint isdeemed a failure to file an answer. Under FAA Order 2J50.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are·encouraged to consider the possibility of

1 Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. .- 2 The Administrator's civil pemllty decisions, along with indexes ofthe decisions, 

### the RulesofPractice, as well as other materials relating to civilpenalty cases, are available on the internet at: · http://www.faa.gov/ about/ office_org/headquarters**~office~/** age/pol_adjudication/ agc400/ civil _penalty/; see

.. . _.. _ ...... ·**alsQ;;..tJt(P,/iff~g{?,98:cc** - · · - · - :? ·:: . · .· ·""
... · _·. . • . . ·-**~~7ditio'il,'i:'iiomson** Reuters/ est Publishing publishes Federal AviationDecisions. Finally, the deCisions

are available throvgh LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database). For additional infonriation, see the Web site; · 1settlement andcompromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.P.R. §13.16 

### (n) (1)). NOTE: This presiding Judge does notrequire "Discovery" to be**se~ved** on the Judge. Other Judges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, butare not required, serve discovery on the undersigned. Thejudge will not discuss the case with any party,4 or its representative on an ex parte basis. Ifa party has a non-substantive matter to discuss, they should contactMr. Ira Leibowitzat (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may beaddressed to StaffAssistant, Pat Matthews [202-366-5121] (Patricia.Matthews@dot.gov): WHEREFORE, the parties be and are hereby ORDERED to adhere to the
. following procedural schedule: 1. Venue shall be Sacramento or San Francisco, CA. depending on availability of court facilities; 2.' On orbefore November 9, 2012, the parties shall conclude all discovery including, butnot limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the 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 November 9, 20125
, 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 opportunity to file Post-Hearing briefs and arguments pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days afterreceipt ofthe transcript; Respondent shall its brieffifteen (15) days

3 See Linda Joyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations inorderto foster frank discussions". (Fiberglass Insulators. Inc. v Dupuy, etal, (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 t:m Evid. §266 (6th ed.); Rule 68 ofthe FederalRules ofCivil Procedure.). Rule 408 ofthe Federal Rules of Evidence "
...prohibits the admission ofstatements made in compromise negotiations
..." (In the Matter of Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose ofencouraging frank

.. ..

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### .nalD'...C~!?~~~.~ffi.:~s.~~jtj~j~l.f,~~~I.ti~l§,,Ji~Jl~~~""·~·,~···'"''.--""'"""····~·**,.,,,.,,,..,.,._,."":,'"""'"'~''g'iiftlw:i~.:t:** wufoe."f'Oftoweatiimese proceeas.'' va;) 5 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:" 

### 2

### thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,6 

### is received bythe presiding judge. 7 

### 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, 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)**~eeks** 

### to be delivered. Additiomilly, 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.

ichard 

## ·c. Goodwin U.S. Administrative Law Judge Attachment

- Service List

.,

6 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 adniinistrative law judge. Ifan agency attorney withdraws the complaint or a partywithdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice. 7 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order CancelingHearing and Terminating Proceeding", served January 16; 1991,

.at I; In The Matter ofRobert H$Uris FAA Docket No. CP03E1\00Ql. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR, Inc., FAA Docket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GL0085, CP90CEOIIO, CP90CE0114, CP90CE0134, Order of

### ~.~}~~~Jnri£=~l:~.~~**~2lk·%.U~~~~~~~~-~i§~i~6ia&~.,~~~it1<01111i..-.~-~<lf1l~.~· ~~-**  , ·**:''·~Omp** amant s jfppeiP'. ·**tn'Tfl~'1Vratter**

### o7Jro6ert ilarns, I<AA Docket No. CP03EAOOOL·DMS No; FAA2005-14, August 15, 2005. 

### 3

### SERVICE LIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591· Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1



### Stephen Gunner Gama, 

### Respondent 1958 Country Club Ct., Apt. A Marysville, CA 95901 

### ONE COPY

Lindsey M. Nakamura, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Western-Pacific Region, A WP-7.11 Federal AviationAdministration P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7138

. FAX: 310-725-6816

The Honorable Richard C. Goodwin, 

### Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 New Jersey Avenue; S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2012-0871 (Civil Penalty Action)

.,

## ~··~t·s~~u.s.~~l~~·~·p~~'"'<>7bYe'~eclite~ou~er:"'u~~~<lare;;rTeretar---""~- 

# ..

.Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington,

DC20591;Attention: Hearing Docket Clerk, AGC-430.