### SERVED: JUNE 

### 11,2012
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTEROF 

### JESUS VALDEZ-PINA
FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action)
FDMS NO. FAA-2012

- 0471

PROCEDURAL ORDER In orderto expedite the hearing 

### inthis 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.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Those rules provide, inter alia, that the Respondent must file a written Answer ormotion withinthirty (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 

### in the Complaint (§ 13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time mustfile a written motion not lessthan 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 thatthe person is without sufficient knowledge orinformationto admit or deny, each numberedparagraph ofthe complaint. Any statement or allegation contained in the complaintthat is not specifically denied in the answermay be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governingthese proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of

1Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 2 The Administrator's civilpenalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available onthe internet at: http://wwwfaa.gov/ about/office_ org/headquarters _offices/ agdpol_ adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov!cgi/t/text/text-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/l4tab

_02. tpl. In addition, Thomson Reuters/West Publishingpublishes 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 matterto discuss, they should contactthe 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 San Diego, CA.; 2. On or before August 10, 2012, the parties shall conclude all discovery including, butnot limited to, depositions, document production, responses to production requests 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 presentthis case at a hearing on or after August 10, 20125

, subject to 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 pursuant to a schedule to be determined atthe 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 See LindaJoyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 "Thepublic policy offavoring and encouraging settlementmakes necessary the inadmissibility of settlementnegotiations in orderto 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 onEvid. §266 (6th ed.); Rule 68 ofthe Federal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of Evidence "

...prohibits the admission ofstatementsmade in compromise negotiations

..." (In the Matter of AfricaAir Corporation, FAA OrderNo. 99-5). "Rule 408'spublic policypurpose ofencouraging 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." (ld.) 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." 25. Settled cases willnot 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 maybe "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but notrequired, 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.

# [~ --

# .Good~~ U.S. Administrative Law Judge Attachment

- Service List

6 14 C.F.R. § 13.215 states: At any time before orduring a hearing, an agency attorney may withdraw a complaint orpartymay 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 andthe answer, the administrative lawjudge shall dismiss the proceedings under this subpart withprejudice. 7 See: Inthe Matter ofLewis Drake & Associates, FAA DocketNq. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1; In The Matter ofRobert Harris FAA DocketNo. CP03EA0001. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR, Inc., FAA Docket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GL0085, CP90CEOIIO. CP90CE0114, CP90CEOI34, Order of Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing Complainant's Appeal". In The Matter ofRobertHarris, FAA DocketNo. CP03EA0001. DMS No. FAA" 2005-14, August 15,2005.


### 3SERVICE 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 2Wl000 1

Jesus Valdez-Pina, Respondent 4135 Broadway San Diego, CA 92102 ONE COPY

Theodore F. Byrne, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Western-Pacific Region Federal Aviation Administration P.O. Box 92007 Los Angeles, CA90009-2007 TEL: 310-725-7112 FAJ<: 310-725-6816 The Honorable Richard C. Goodwin,

### AdministrativeLawJudge Office ofHearings, M-20 · · U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attori1ey-Advisor 202-366-5121 StaffAssistant FAJ<: 202-366-7536 FDMS No. FAA-2012-0471 (Civil Penalty Action)

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.