SERVEDAPRILll, 2011 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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ES[ THE MATTER OF 

AERO MECHANICAL INDUSTRIES, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011 -0068 

PROCEDURAL ORDER 

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

Procedural Schedule set forth hereinbelowV 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(0), 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, 14. CFR..§..13,209ie) 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. 

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

for viewing at http.VAvww. resulations.fjov. 

^ 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://www.faa.gov/about/office org/headquarters_offices/agc/pol_adjudication/agc400/cmlj>enalty/; see 

also: http://ecfr.gpoaccess.gov/cgx/t/text/text-\dx7c=ecfr&tpl=/ecjrbrowse/Title 14/14tab_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 
Under FAA Order 2150.3B and tfci?J|Dyil0S governing these proceedings, the 

Agency attorney and the Respondent W^M'SJCIp^d to consider the possibility of 

settlement and compromise of this laafte^lls jjl^mpromise may be effected with or 

without a finding of violation (14C.F.R. |lll6(n)(n). 

NOTE: This presiding Judg^ !dO<^giQti^uire "Discovery" to be served on the 

Judge. Other Judges have diflFerent polici«$i^, but as long as this case is assigned to the 

undersigned presiding Judge the pailjesi!i|y;*i3is^are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party, or its representative on an ex 

parte basis. If a party has a non-substantJy|inat|l^ to discuss, they should contact the 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). 

Administrative matters may be address^;!^ttttiu4g«'s, Legal Assistant, Pat Matthews 

[202-3 66-5121 ] (Patricia.Matthews@dot.fipv). 

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

following procedural schedule: 

1. Venue shall be Albuquerque, N.M,i 

On or before June 1, 2011, the j^afll^l^^pniclude all discovery including, but 

not limited to, depositions, dQSJiiii^§|i|i«^ responses to production 

requests and/or interrogatories,. If^flj^iescamiot resolve a discovery dispute 

they shall submit the dispute to>4}«ei|)||<|signed for resolution in a timely 

manner; „ 

3. NOTICE IS HEREBY GIVEN thejtoi^'jsfiiili be prepared to present this case 

at a hearing on or after June 1,20ll|i^s|u|>J!9(:*to the availability of courtroom 

facilities. 

4. The parties will have the oppo|ttU5ii||^4^^ briefs 'and arguments 

—^ pursuant to a schedule to be d^f^i^s^s^0^iiiimnng. For guidance, the 

following schedule is typuiaUy^^0^^Jl^iiif^i39pis^^ file its brief ^fteen (15) 

days after receipt of the transcf^ f^^^lutiShiill its brief fifteen (15) days 

thereafter; and any rebuttal hri^k^M^mif&P^^amft shall be filed seven (7) 

days thereafter. 

5. Settled cases will not be removed from the hearing docket until the proper 

written pleading(s), consistent with tl^ a^pliceibh rules,' is received by ihe 

presiding judge.^ 

^ See Linda Joyce Goodman. FAA Docket No. 

'• 14 C.F.R. § 13.221 states: "The admini! 

the date, time and location of the hearing." 

' 14 C.F.R. § 13.215 states: At any time before 

complaint or party may withdraw a request for a 

;<^r|ailated May 30,1989. 

^ik^'each party at least &) 6ayB notice of 

an agency attorney may.witfa<iraw a 

it die consent of the adndnistr^ve law 
The parties are advised that submissions sent to the street address of the 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. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

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 Eldridee. 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 

dated October is, 2004 and October 27,2004. USAER, inc...FAA Docket CP90NE0359, Trans World 

Airiines. Inc.. FAA Dockets CP90GL0085. CPgdCEOlio. CPWCEoiiJ. CPWCEOliJ. Order of """ 

Administrative Law Judge Burton S. Kolko, 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. 
FDMS No. FAA-2011-0068 

(Civil Penalty Action) 

owimMM^om COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AiGC-430 

Wilbur Wright Building^Suite 2W1000^ 

amcoPY 

James M. Llewellyn, Jr., Resporuknt's Counsel 

Thompson and Llewellyn 

Attorneys at Law 

412 South 18* Street 

P.O. Box 818 

Fort Smith, AR 72902-0818 

TEL: 479-785-2867 

FAX: 479-782-8046 

Gregory S. Lander, Complainant's Counsel 

Attorney, Safety Enforcement Branch 

Southern Region 

Federal Aviation Administration 

2601 Meacham Blvd. 

Fort Worth, TX 76137-0007 

TEL: 817-222-5083 

FAX: 817-222-5945 

(3-I 

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 E12-320,« 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 •' 

' Service was by U.S. Mail. For serviQft| 

address: Federal Aviation Administration, 600 

Suite 2W1000, Washington, DC 20591, Attention; 

H^j^^Mdited courier, use the foUowlag 

^mam, S.W., WiUwr migltt Buildingticidcet Clerk, AGC-430.