SERVED: MARCH 16, 2012 

U.S. DEPARTMENT OF TRANSPORTATION '—tc^J^i^lt-,Q;i 

OFFICE OF HEARINGS , .,,!J;J;'l{^'^ijHI^^^^^^^^^ 

WASHINGTON, DC -v.---...! J\ .rfAllL-i-.D 

nil MAR ib P 2- 28 

IN THE MATTER OF 

BUTTE STKEI. & FABRICATION, INC. 

FAA DOCKET NO. ITO BE ASSIGNED) 

(Civil Penally Aclion) 

FDMS NO. FAA-2012-0199' 

PROCEDURAL ORDER 

In order lo expedite the hearing in this matter, the parties shall comply with the 

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

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

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

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

general denial is deemed a failure to file an Answer (§ 13.209(c)), that failure to file an 

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

(§ 13.209(f)), and that, absent agreement of the parties, 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, I4CFR § 13.209(e) states: 

A person filing an answer shall admit, deny, or state thai the person is without 

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 attoniey and the Respondent are encouraged to consider the possibility of 

' Materials Tiled in ihe FAA Hearing Docket (except for materials filed in security ca.ses) are also available 

for viewing at hlip://www.rcfiulniious.f^ov. 

- The Adminisvrator's civil penalty decisions, along with indexes of vhe decisions, ihe Rules of Practice, as 

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

{uip://wwwJaa.gov/abotii/ojf}cejjrg/}ic(Hiqmn-iersjoJfices/agc/pol_odjmHcath^ see 

also: hltp://ccfr.gpoaccess.gov/cgi/t/tL\xi/lexi-klx?c=ecfr&lpl=/ecfrh)o\\-se/Title}4/14tahJ)2.ipl^ In 

addition, Thom.son ReutersAVest Publishing publishes Federal Aviation Decisions. Finally, the decisioas 

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

information, sec the Web site. 
seltiemenl and conii>romisc of this mailer.'' Comiivomise may be effected with ov 

without a finding of violation (14C.F.R. {il3.l6 (n) (I)). 

NOTE: "fhis presiding Judge does not require "Discovery" lo be served on the 

Judge. Other Judges have different policies, hul as long as this case is assigned to ihe 

undersigned presiding Judge the parlies may. hut are not required, serve discovery on the 

undersigned. 

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

parte basis. II a parly has a noii-subslantive mailer lo discuss, they should contact the 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (lra.Leibowitz@dot.gov). 

Administralivc mailers may be addressed lo ihe judge's. Legal Assisianl, Pal Matthews 

[202-366-51211 (Patricia.Matthews@dot.gov). 

WHEREFORE, the parties be and are hereby ORDERED to adhere lo the 

following procedural schedule: 

1. Venue shall be San Francisco, CA.; 

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 lo the undersigned for resolution in a timely manner; 

3. The parlies shall be prepared to present this case at a hearitig on or after June I, 

2012 , subject to the availability of courtroom facilities. The specific dale 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 lo a schedule to be detertnitied 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 

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

thereafter. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP006L 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'". (Fiber&lass Insulators. Inc. v Dupuy. et al, 

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

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

§266 (6th ed.): Rule 68 of the 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 Corporation. FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

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

Us guidance will be followed in ihe.se proceeds." (Id.) 

14 C.F.R. § 13.221 states: "The administrative law Judge shall give each party at least 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 rules,*" is received by the presiding 

judge.^ 

6. The parlies are advised that sttbmissions sent to the street address of the U.S. 

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

screening conducted by Ihe U.S. Postal Service and/or other security agencies and 

may take up to four (4) weeks to be delivered. Additionally, submissions may be 

"iiradiated", which affects the quality of subtnissions. The parties are 

encouraged, but not required, to file submissions by private delivery service, 

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

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

pleadings. 

Qjjj^&ict^-^ 

Richard C. Goodwin 

U.S. Administrative Law Judge 

• c 

Attachment - Service List 

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

complaint or party may withdraw 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 dismiss the proceedings under this subpart with prejudice. 

^ Sec: In the Matter of Uwis Drake & Associates, FAA Docket No. CP03SO0045, DMS. No. FAA-2()U3-

16379, "Order Terminating Proceeding", served February 26, 2005: citing Kerry James Eldridgc. FAA 

Docket CP89GL()458, "Order Canceling Hearing and Tevminaiing Proceeding", served January 16. 1991. 

at 1: In The Matter of Robert Harris FAA Docket No. CP03EA00Q1. DMS No. FAA-20()2-14236., Orders 

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

Airlines. Inc.. FAA Dockets CP9QGL0085. CP90CEni 10. CP90CF01 14. CP90CE0134, Order of 

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

Complainants Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0()01. DMS No. FAA2005-14. August 15.2005. 
FDMS No. FAA-2012-0199 

(Civil Penalty Action) 

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 2WI000' 

ONE COPY 

Butte Steel & Fabrication, Inc. 

Attn: JeffBrochheuser, President 

13290 Contractors Drive 

Chico, CA 95973 

TEL: 530-893-1113 

FAX: 530-893-3014 

Christopher Merrill, Complainant's Counsel 

Attorney, OfTice of Regional Counsel 

Western-Pacific Region, AWP-7.3 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7105 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transpoilation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant/Paralegal 

FAX: 202-366-7536 

' Ser\'icc 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—Suite 2W1000, Washington, 

DC 20591, Allention: Hearing Docket Clerk, AGC-130.