### SERVED: June 

### 15,2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS u
__ ,

WASHINGTON, DC

IN THE MATTER OF Jet Midwest Technik, Inc. Docket No. FAA-2015- 0637 (Civil Penalty Action)

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 Regulations. 2 Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30)days after service ofthe Complaint

## CL4_C,_F.R. § 

### l3.209(a)), that a general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to tile an Answer without good cause is deemed an admission ofeach allegation in the Complaint (§ 13.209(£)), and that, absent agreement ofthe parties, a party seeking an extension oftime must tile 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 (c) states: A person filing an answer shall admit, deny, or state that the person is without sufficientknowledge or information to 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 that allegation. A general denial ofthe complaint is deemed a failure to tile an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at**11UJLif11'.11:!r,J:JlRlJ(__q(/(_!_[J§__,gi.J_1'~** .For additional information see: bi!f!__,:/l<(!J.i,Y,_fi!JLJ!.:!!J:.'. 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: hrI

p :;/H'l1'W

..laa.gov/ahozttl r1t/ice

__org/headqzturler.1·

_____ufjic·e1/agdpol

__adjuJication/age--l00/c**i~**· i /jJena It}::'; see also: http://ec.fr.gpoaccess.gov/cgilt/text/text-idx?c=ec.fi·&tpl=lecfrhrowse/Title/4/ I 4tab _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.

### Under FAA Order2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to consider the possibility of settlement and compromise ofthis matter. 3 

### Compromise may be effected with or without a finding ofviolation

### C1.4.

..**~,.E,R,.-.SJJ_,j_f?.JP)J1))..** 

### NOTE: This presiding Judge does not require "Discovery" be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudge will 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]**(!?.f1.ttiG..if.l:lY1f!J.1h~W.?.({iJ..~1..Q_LgQ_~).** 

### WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Kansas City, MO.; 2. On orbefore November 6, 2015, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to productionrequests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in atimely manner; 3. Theparties shall be preparedto present this case at a hearing on or after November 6, 20154

, 

### subjectto the availability ofcourtroom facilities. The specific date andtime 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 after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefbythe Complainant shall be filed seven (7) days thereafter.

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto 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 settlement negotiations. 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. Ma.tthews in order to get the dates reserved on thejudge's calendar. 25. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistentwith the applicable rules,5 is received by the presiding judge. 6 · 

### 6. The parties are advisedthat submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe 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. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Attn: PatriciaMatthews

**CRis:.JJETIJ,.Qps:>.9..~~i_n@~iq.tgQy)** Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.

### Matthevvs({j.ldot.go'{). All other matters should be 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 orduring 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 pmty withdraws the request for a hearing 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, "OrderTerminatingProceeding", served February 26, 2005; citing Kerry .lames Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 

### 3

### Docket No. FAA-2015-0637 (Civil Penalty Action)
SERVICE LIST- BY U.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-Suite 2Wl000 1


### ONE COPY
Patrick Kraus, President · Jet MidwestTechnik, Inc., 

### Respondent 9200 NW 11

## i 11 

### Street Kansas City, MO 64153 TEL: 816-399-5096 FAX: 816-527-8096

Mark G. Camacho, 

### Complainant's Counsel Federal Aviation Administration Central Region, ACE-7 901.Locust, Room 506 Kansas City, MO 64106-2641 TEL:

**816~329-3765** 

### FAX: 816-329-3771 Gregory S. Winton, 

### Respondent 's Counsel The Aviation Law Firm 1997 Annapolis Exchange Parkway Suite 300 Annapolis, MD 21401 TEL: 301-294-8550 FAX: 301-294-2525

The HonorableRichard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20
. U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (El1-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.


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