### SERVED: June 12, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF



### .ARCTIC AIRALASKA, INC 1•



### DOCKET NO. FAA 2014-0316 (Civil Penalty Action).



### PROCEDURAL ORDER In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth herein**belo~.** 

### The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations3• 

### Those rules provide, inter alia, that the Respondent must file a written Answer ormotion within thirty (30) days after service ofthe Complaint (14 C.F.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 in the Complaint ( §13.209(f)), and that, absent agreement ofthe 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, 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 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 file an answer.

1This was incorrectly captioned in prior pleadings. This is the correct caption. 2 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: http://dms.dot.gov. 3 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: //www.faa.govl about/**office~**org/headquarters _offices/ age/pol_adjudication/ agc400/civil _pe natty/; see· also: http://ecfr.gpoaccess.gov/cgilt/text/text-idx?c=ecfr&tp/=/ecfrbrowse/Tit/e14/ 14tab _02.tp/. 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. 1Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent ate encouragedto considerthe possibility of settlement and compromise ofthis matter. 4 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" 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, or representative on an ex parte basis. Administrative matters may be addressed 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 Fairbanks AK.; 2. On or before September 1, 2014, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe 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 1, 20145

, subjectto 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 pursuant to 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 briefby the Complainant shall be filed seven (7) days thereafter.

4 "The public policyoffavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (I980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 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." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in order to get the dates reserved on thejudge's calendar. 2

### ... 

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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 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) 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. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters should be addressed in writing/email to Judge Goodwin.

Richard 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 or party may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws 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 February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1.
3DocketNo. FAA-2014-0316 (Civil .Penalty Action) 

### SERVICE LIST·BY U.S. 

### MAIL ·. ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington,

## oc· 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl0001

James 

### I. Hamilton, President/CEO · Arctic AirAlaska, Inc., 

### Respondent 3540University Ave. South Fairbanks, AK99709 :PeterLynch, 

### Complainant's Counsel Assistant ChiefCounsel for Enforcement Office oftheChiefCounsel, AGC-300

. Federal Aviation Administration 800 IndependenceAvenue, S.W. Washington, DC 20591 TEL: 202-267-7728 FAX: 202-267-5106 

### ·ONE COPY

TheHonorableRichard C. Goodwin,Administrative LawJudge Office ofHearings, M-20. U.S. DepartmentofTransportation 1200NewJerseyAvenue,S.E. (El1-310) Washington, DC 20590

. TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

1 Servicewas by U.S. Mail. For

### serviCe inperson orbyexpeditedcourier, usethe following address: Federcd AviationAdministration, 600 IndependenceAvenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC20591; Attention: HearingDocketClerk, AGC-430.

.