SERVED: MAY 29, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

JOSEPH MOESSER 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011 - 1286 

CONTINUANCE OF HEARING 

Due to the unavailability of witnesses, the hearing set for August 15, 16 and 17, 2012, 

inclusive, in the U.S. Tax Court, Courtroom 5223, Wallace F. Bennett Federal 

'Building, 125 S. State Street, Salt Lake City, UT 84138, be and is hereby continued. 

The parties should consult to determine their availability duringNovember/December 

2012, understanding courtroop1s cannot be reserved until approximately 60/90s prior to 

the hearing. 

Settled cases will not be removed from the docket until the Judge receives the proper 

pleading(s). 1 Pleadings2 

may be forwarded by fax, express mail, courier or postal 

service3

• 

1 "The public policy of favoring 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 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 as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

2 Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at http://www.regulations.gov. · 3 The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

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

http:!lwww.[aa.gov/about/oQice org!headquarters oQices/agc/pol adjudication!agc400/civil penalty/; see 

also: http:// ecfr. gpoaccess. gov/ cgi/tltextltext-idx? c=ecft&tpl =I ecfrbrowse!Title 141 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. 

1 

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 2W10001 

ONE COPY 

Gregory G. Skordas, Respondent's Counsel 

Skordas, Caston & Hyde, LLC 

341 South Main Street, Suite 303 

Salt Lake City, UT 84111-2707 

TEL: 801-531-7444 

FAJ(: 801-531-8885 

Jeffrey M. Harper, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue S.W. 

Renton, W A98057 

TEL: 425-227-2161 

FAJ(: 425-227-1007 

FDMS No. FAA-2011-1286 

(CivilPenalty Action) 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-2<1 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAJ(: 202-366-7536 

1 

Service 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 20.591; Attention: Hearing Docket Clerk, AGC-430.