SERVED: NOVEMBER 22, 2011 

DEPARTMENT OF 

U.S. DEPARTMENT OF TRANSPORTA•^•10N\1!^AD^TV^^|0 

OFFICE OF HEARINGS 

WASHINGTON. DC 

2Q11 HOV 2 3 P i^ 10 

IN THE MATTER OF 

AvDyne Aeroscrvices, LLC 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penally Action) 

FDMS NO. FAA-20II-112I 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

Thi.s proceeding arises from a complaint served October 25, 2011, alleging violation of 

the Federal Aviation Act/Regulations, and Respondent's request for hearing dated October 5, 

2011. The undersigned administrative law judge was assigned to this proceeding by Notice 

served November IS, 2011. 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G. of the Federal Aviation Regulations (14 C.F.R. ij§ 13.201-13.235 (2010)). Those rules provide, inter alia, 

that Respondent must file a written answer or motion within 30 days after service of the complaint (§ 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 a party seeking an extension of time must file a written motion 

at least seven days before the document is due, absent agreement of the parties or good cause 

shown (§ 13.213(a), (b)). 

To expedite the hearing in this matter, Complainant and Respondent, on or before 
December 19, 2011, shall file (I) any amendment of the complaint or answer; (2) an agreed or 

separate proposed procedural schedules, including proposed dates {i.e., specific dates, not merely 

numbers or days before the hearing) for (a) filing stipulations, a list of witnesses, a summary of 

their proposed testimony, and for (b) exchanging exhibits and discovery, if any; (3) a statement 

concerning the status of settlement efforts; and (4) a proposed hearing site and. absent agreement 

of the parties, a juslificaVion of the proposed site. Set' 14C.F.R. § 13.217. 

Under FAA Order 2150.3B (Oct. 1, 2007) and the Rules governing these proceedings. 

Complainant and Respondent should continue to consider the possibility of settlement and com- , 

promise of this matter." In connection with such discussions, the parties should note that FAA 

Order 2150.3B, which establishes standards for the Complainant's conduct and settlement of this 

proceeding, is available on the Internet/ See. in particular, chapter 6 (Legal Enforcement Aclions and Legal Counsel Responsibilities); and either (a) Appendix B (Table of Sanctions), pages 

B-I—BS (Part One ~ Abbreviations and Definitions) and those portions of Part Two - Sanction 

Guidance Tables, which apply to particular allegations not involving hazardous materials; or 

(h) Appendix C, which pertains to hazardous materials cases. Upon request of Respondent, 

Complainant shall provide Respondent a copy of the applicable referenced piovisions. 

' Funher amendnienis are not aniicipaied absent good came shown. Thoiigli i4C.F.R.§ 13.2l4(ti)(l) permits 

amendments ai any time more than 15 days before a hearing, lUilizaiion of that provision would prevent orderly preparation for a hearing and could prevent any hearing at all. because notice of a hearing must be given 60 days in advance. 

§ 13.221(a). An amendment that might be filed 15 days prior lo the hearing would entitle the other parly up to 20 days in 

which to reply (§ 13.214(c)), and could generate a new round of schedules (§ 13.217). motions (§ 13.218), and discovery 

(tj 13.220). necessitating a postponement of the hearing, a new 60-day notice, ei cetera ad infiniuim. 

• 5ecZ.iWrt7m'ccGr70</"w/i. FAADockelNo. CP89WP006l,DMSNo. FAA-2004-l8292,ai II (May 30, 

19R9). available at www.regulations.gov (concluding thai '"the prosecuting agency attorney must consider seltlemenl and that the Rules do not permit the Chief Counsel to exercise policy control or decisionmaking in this case or 

in civil penalty cases generally so as to deny prosecutorial discretion with respect to .settlement and compromise to 

the agency aitorney as defined in the rules"). Sue also Exec. Order No. 12,988,61 Fed. Reg. 4729 (Feb. 5. 1996). 

which refers to facilitating the just and efficient resolution of civil claims involving the United States Government 

and directs Federal agencies and their litigation counsel to. "as soon as practicable after ascertaining the nature of a 

dispute in litigation, and thvoughoui the litigation,. . . evaluate settlement possibilities and make reasonable efforts 

tit settle the litigation." See al.so FAA Order 2150.3B at paragraph 6-2. 

^ Accessed at http://rgl.faa.gov by .selecting "Orders/Notices," then "Current Orders; By Number." then 

"2150.3B 10/01/2007 FAA Compliance and Enforcement ProgrannChange 1 included)." 

_2-
• Stibmissions sent to the street address of tiic U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening, and may be 

"irradiated," which may restiU in pages Vicing fused together. Accordingly, jxirties wlio serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. A certificate of service, reflecting the above caption (including the FDMS 

number), the title of the submission, and the date and luanner of service, shall be attached to each 

individual submission. 

Compromise may be effected with or without a finding of violation {§ 13.16(n)). Each 

party's filing shall include a telephone number where the party can be reached by the Judge for 

prehearing telephone conferences. 

SO ORDERED. 

Ronnie A. Yodcr 

Chief Administrative J^ 

-3~ 
. • * : 

FDMS NO. FAA-2011^0480 

(Civil Penally Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 IiKlepci\dei\ce Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^3 0 

Wilbur Wright Building—Suite 2W1000"^ 

ONE COPY 

Robert D. Schulte, Respondent 

Schulte Booth, P.C. 

3001 Elliot Street 

Baltimore, MD 21224 

TEL: 410-732-1315 

FAX: 410-732-1316 

Edmund J. Averman, III, Co/np!ainani\s Counsel 

Office of the Chief Counsel, AGC-300 

Federal Aviation Administration 

800 hidependence Ave., S.W. 

Washington, D.C. 20591 

TEL; 202-267-3147 

FAX: 202-267-5106 

The Honorable Ronnie A. Voder, 

Chief Administrative Law Judge 

U.S. Department of TranspoHalion 

Office of Hearings, M-20, RoomE12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

.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 2WI000, Washington. 

DC 20591. Auemioir. Hearing Docket Clerk. AGC-430. 

- 4 -