## SERVED: January 23, 2014 U.S
. DEPARTMENT OF TRANSPORTATION

- ,, OFFICE OF HEARINGS -' '·.

WASHINGTON, DC
IN THE MATTER OF 

### DESHAUN BLACKETT FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO
. FAA 2013

- 0850



### PROCEDURAL ORDER ; . • .-, -, . ,.. r- -, ,, Jl • J )-\ --,: ! !- j

In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1 • The Rules of Practice 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 (1 4 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 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,**1~** CF R § 1 3.2 09 (t;_} 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 ofthe complaint. Any statement or allegation contained in the complaint that 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.
1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also avai lable for viewing at http :// wH ' H'.regulations.gov. For additional information see : hf.JJ2 :11dms
. dot.gov. 2 The Administrator ' s civil penalty decisions , along with indexes ofthe decisions , the Rules of Practice, as well as other materials relating to civil penalty cases, are available on the internet at: htt

p :/l w¥iw.f aa. gov'i aboutlo.fjice
_or gl

headquarters..offices /

age/pol
_ adjudication/ agc400 /civil

_ penalty l ; see also : http : //

ecfr.gpoaccess
. gov /cgi l t

l text /text-idx ?c= ecfr&tpl = /ec

frbrows e /Title 14114tab _02. tpl
. In addition , Thomson Reuters/West Publishin g 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 Order 2150.3B 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 of violation (1 4 C. F.R
. § 13
. 16 (n) (l ))
. 

### NOTE: 

### This presiding Judge does not require 11 

### Discovery 11 

### 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 to , serve discovery on the undersigned
. The judge will not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to Staff Assistant, Pat Matthews [202-366-5121] (Patri cia.Matthews@ dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Omaha, NE. ; 2. On or before March 28, 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 submit the 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 March 28 , 2014 4
, 

### subject to the availability of courtroom 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 brief fifteen ( 15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal brief by the Complainant shall be filed seven (7) days thereafter.

3 " 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 , 856 F
. 2d 652 , 653 ( 4 Cir
. 1988) ; Wright & Graham, Federal Pra ctice and Procedure: 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 law judge shall give each party at least 60 day s notice of the date , time and location of the hearing. " If the 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 the judge 's calendar
. 2

### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules, 5 

### is received by the presiding judge. 6 · 

### 6. The parties are advised that submissions sent to the street address ofthe U.S
. Department of Transportation, Office of Hearings, 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 of submissions
. The parties are encouraged, but not required, to file submissions by private delivery service, facsimile, or email. The certificate of service shall reflect the manner of service. 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 of Hearings, M-20 U.S
. Department ofTransportation 1200 New Jersey Avenue , S
.E. (Ell

-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin @dot.gov) Administrative matters should be directed to Patricia Matthews , Staff Assistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters should be addressed in writing/email to Judge Goodwin.

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### Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

5 14 C.F.R
. § 13.215 states: "At anytime 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
. ffan 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
. " 6 See : fn the Matter of Lewis Drake & Associates, FAA Docket No. CP03S00045, 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 I. 3

### 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 1



### Deshaun L. 

### Blackett, Respondent 

### 10671 Hamilton Plaza Apt. 402 Omaha, NE 68114-2078 TEL: (NONE PROVIDED) FAX: (NONE PROVIDED) ONE COPY



### Mark G. Camacho , Complainant's Counsel 

### Office of Regional Counsel, Central Region, ACE-7 Federal Aviation Administration 901 Locust Street, DOT Building, Room 506 Kansas City, MO 64106-2641 TEL: 816-329-3765 FAX: 816-329-3771 The Honorable Richard C. Goodwin, Administrative Law Judge 

### Office ofHearings, M-20 U.S
. Department of Transportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No
. FAA-2013-0850 (Civil Penalty Action)

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 20591; Attention: Hearing Docket Clerk, AGC-430
. 

### 4