/ 

SERVED MARCH 2, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

RAYMOND H. FESSLER 

FAA DOCKET NO. CP10WP0002 

(Civil Penalty Action) 

DMS No. FAA-2010-0020 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter,' the parties shall comply with the 

Procedural Schedule set forth hereinbelow.^ The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations. 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the 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 of each allegation in the Complaint 

(§ 13.209(f)), and that, absent agreement of the 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, 14CFR$ 13.209(e) states: 

A person filing an answer shall admit, deny, or state that the person is without 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

' 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

^ Further amendments of the pleadings will not be anticipated absent good cause shown. While 14 C.F.R. § 

13.214(b)(1) permits amendments at any time more than 15 days before a hearing, utilization of that 

provision would prevent orderly preparation for a hearing and could prevent any hearing at all, since notice 

of a hearing must be given 60 days in advance. 14 C.F.R. § 13.221(a). An amendment which might be filed 

15 days prior to the hearing would entitle the other party up to 20 days in which to reply (14 C.F.R. § 

13.214(c)), and could generate anew round of schedules (14 C.F.R. § 13.217), motions (14 C.F.R. § 

13.218), and discovery (14 C.F.R. § 13.220), necessitating a postponement of the hearing, a new 60-day 

notice, et cetera ad infinitum. 
Under FAA Order 2150.3A and the Rules governing these proceedings, the 

Agency attorney and the Respondent should continue to consider the possibility of 

settlement and compromise of this matter.^ Compromise may be effected with or 

without a finding of violation (14 C.F.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 on the 

undersigned. 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue is yet to be determined; 

2. On or after May 1, 2010, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses 

to production requests and/or interrogatories. If the parties cannot resolve 

a discovery dispute they shall submit the dispute to the undersigned for 

resolution in a timely maimer; 

3. NOTICE IS HEREBY GIVEN the parties shall be prepared to present this 

case at a hearing on or after May 1, 20 lO"*, subject to the availability of 

courtroom facilities. 

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 brief fifteen (15) days after receipt of the transcript; Respondent shall 

its brief fifteen (15) days thereafter; and any rebuttal brief by the 

Complainant shall be filed seven (7) days thereafter. 

5. Settled cases will not be removed fi-om the hearing docket until the proper 

written pleading(s), consistent with the applicable rules,^ is received by the 

presiding judge.^ 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

"* 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

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 of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders 
THE PARTIES ARE ADVISED THAT SUBMISSIONS SENT TO THE 

STREET ADDRESS OF THE U.S. DEPARTMENT OF 

TRANSPORTATION, OFFICE OF HEARINGS, MAY BE DELAYED 

IN DELIVERY DUE TO SCREENING CONDUCTED AT THE LOCA]L 

U.S. POST OFFICE BULK MAIL FACILITY AND MAY TAKE UP TO 

FOUR WEEKS TO ARRIVE BY REGULAR MAIL. IN ADDITION, 

SUBMISSIONS MAY BE "IRRADIATED" AT THE FACILITY, 

WHICH AFFECTS THE QUALITY OF THE SUBMISSION. THE 

PARTIES ARE ENCOURAGED, BUT NOT REQUIRED, TO FAX OR 

EXPRESS CARRIER PLEADINGS AND/OR OTHER SUBMISSIONS. 

THE CERTIFICATE OF SERVICE SHALL REFLECT THE MANNER 

OF SERVICE. ALL PLEADINGS SHALL INCLUDE TELEPHONE 

NUMBERS WHERE THE PARTIES CAN BE REACHED. 

U.S. Administrative Law Judge 

Attachment - Service List 

dated October 18,2004 and October 27, 2004. USAIR. Inc.. FAA Docket CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110. CP90CE0114, CP90CE0134, Order of 

Administrative Law Judge Burton S. Koiko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15,2005. 
FAA Docket No. CP10WP0002 

(Civil Penalty Action) 

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 2W1000' 

ONE COPY 

Eric A. Seitz, Respondent's Attorney 

820 Mililani Street, Suite 714 

Honolulu, HI 96813 

TEL: 808-533-7434 

Christopher I. Merrill, Complainant's Counsel 

Office of the Regional Counsel 

Western-Pacific Region, AWP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7105 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building - Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.