### SERVED: JUNE 

### 27, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF COPPERVALLEY AIR SERVICE, LLC FAA DOCKET NO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0475

PROCEDURAL ORDER 

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Inorderto 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.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Those rules provide, inter alia, that the Respondent must file a written Answer ormotion within thirty (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)), that failure to file an Answer without good cause is deemed an admission ofeach allegation inthe Complaint 

### (§ 13.209(f)), and that, absent agreement ofthe parties, a partyseeking 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 that the person is without sufficient knowledge orinformation to admit or deny, each numbered paragraph ofthe complaint. Any statement orallegation contained inthe complaint that is not specifically denied in the answer may be deemed an admissionofllie truth of that allegation. A general denial ofthe complaint is deemed a failureto file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto considerthe possibility of

1Materials filed inthe 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 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/aboutloffice

_org/headquarters _offices/age/pol_ adjudicationlagc400/civil _penalty/; see also: http:l/ecfr.gpoaccess.gov/cgi/t/textltext-idx?c=ecfr&tpl,;./ecfrbrowseiTitlel4/14tab

_02.tpl. In addition, Thomson Reuters/West 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. 

### 1settlement and compromise 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 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 onthe 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 contact the judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to thejudge's, Legal Assistant, 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 Anchorage, AK; 2. On orbefore September 15, 2012, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to productionrequests 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 September 15, 20125

, subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate'Order. The courthas three cases scheduledforthe.weekofSeptember 17to 21, 2012 in Anchorage. 

### If any of those cases settle theparties can anticipate this matter beingset in during that timeperiod 4. The parties will have the opportunity to file Post-Hearing briefs and"atgtunents pursuantto a schedule to be determined atthe hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15)

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 in order to foster frank discussions". (Fiberglass 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 Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. §266 (6th ed.); Rule 68 ofthe Federal Rules 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'spublic policy purpose ofencouraging frank settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, its guidance will be followed inthese proceeds." (Id.)

. 5 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least60 days notice of the date, time and location ofthe hearing." 2days after receipt ofthetranscript; Respondent shall its brieffifteen (15) days 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 by the presiding judge. 7 6. The parties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted bythe 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.

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

- Service List
'•

6 14 C.P.R. § 13.215 states: At any time before orduring a hearing, an agency attorneymay withdraw a complaint orparty may withdraw a request for a hearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing andthe answer, the administrative lawjudge shall dismiss the proceedings underthis subpart with prejudice. 7 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- · 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA DocketCP89GL0458, "OrderCanceling Hearing and Terminating Proceeding'', servedJanuary 16, 1991, at 1; InThe Matter ofRobert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October27,2004. USAIR, Inc., FAA Docket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GL0085. CP90CE0110, CP90CE0114, CP90CE0134, Order of Administrative Law Judge Burton S. Kolko, served AprilS, 1992, p. 2. See "OrderDismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA DocketNo. CP03EAOOOI. DMS No. FAA2005-14, August 15, 2005. 

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### SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite 2W1000 1

Copper Valley Air Service, LLC ErinB. Marston,

### Respondent's Counsel Marston & Cole, P.C. 821 N Street, Suite 208 Anchorage, AK 99501 TEL: 907-277-8001 FAJ(: 907-277-8002 

### ONE COPY

Glenn H. Brown, 

### Complainant's Counsel Senior Attorney, Office ofthe Regional Counsel Alaskan Region, AAL-7 Federal Aviation Administration 222 West 7th Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAJ(: 907-271-2800 The Honorable Richard C. Goodwin,

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAJ(: 202-366-7536 FDMS No. FAA-2012-0475 (Civil Penalty Action)

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1 SeJ:Vice was byU.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-SuJte 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. · 

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