## SERVED APRIL 14,2010

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC**!~l**

IN THE MATTER OF 

### RBK

### DEVELOPMENT, INC.

FAA DOCKETNO. CPlOS00004 (Civil PenaltyAction) DMS No. FAA-2010-0199 

### PROCEDURAL ORDER
In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow. The.Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations. Those rules provide, inter alia, that the Respondent must file a writtenAnswer or motion within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)), that a general denial is deemed a failure to file anAnswer 

### (§ 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 must file a written motion not less than seven (7) days before the document is due, absentgood causeshown 

### (§ 13.213(a) and (b)). More specifically, 14 CFR 

### § 13.209 (e) states: A person filing an answer shall admit, deny, or state thattheperson is without sufficient knowledge orinformation to admit ordeny, each numberedparagraph ofthe complaint. Any statement orallegation contained in the complaint that is. not specifically denied inthe answer may 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 andthe Rules governing these proceedings, the Agency attorney and the Respondent should continue to considerthe possibility of settlement and compromise ofthis matter.! Compromise maybe effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). NOTE: This presiding Judge does notrequire "Discovery" to be served on the Judge. Other Judges have different policies, but as long as this case is assigned to the

I See LindaJoyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989.2 2 undersigned presiding Judge the parties may, but are notrequired, serve discovery onthe undersigned. WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Chicago, IL.; 2. Onorbefore June 1,2010,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 shallsubmit the dispute to the undersigned for resolution in a timely manner; 3. NOTICE IS HEREBY GIVEN the parties shall be prepared to present this case at a hearing onor after June 1, 20102

, subject to the availability of courtroom facilities. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typicallyused: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant 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 withthe applicable rules,3 is receivedby the presidingjudge.4 6. THE PARTIES ARE ADVISEDTHAT SUBMISSIONS SENT TO THE STREET ADDRESS OF THEU.S. DEPARTMENT OF

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."

3 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorneymay withdraw a complaint or party may withdraw a request for a hearing without the consent of the administrative law judge. Ifan agency attorney withdraws the complaint ora party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice. 4 See: Inthe Matter ofLewis Drake & Associates, FAA Docket No. 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 I; In The Matter ofRobert Harris FAA DocketNo. CP03EAOOOI. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27, 2004. USAIR, Inc.,FAADocket CP90NE0359, Trans World Airlines, Inc., FAA DocketsCP90GL0085, CP90CEOlI0. CP90CEOI14, CP90CE0134, Order of Administrative Law Judge Burton S. Kolko, served**April~,** 1992, p. 2. See "OrderDismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA Docket No. CP03EAOOO 1. DMS No. FAA2005-14, August 15,2005.3

TRANSPORT ATION, OFFICE OF HEARINGS, MAYBE DELAYED IN DELIVERY DUE TO SCREENING CONDUCTED AT THE LOCAL U.S. POST OFFICE BULK MAIL FACILITY AND MAY TAKE UP TO FOUR WEEKS TO ARRlVE BY REGULAR MAIL. IN ADDITION, SUBMISSIONS MAY BE "IRRADIATED" AT THE FACILITY, WHICH AFFECTS THE QUALITY OF THE SUBMISSION. THE PARTIES ARE'" ENCOURAGED, BUTNOT REQUIRED, TO FAX OREXPRESS 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.

# UJc,~ Richard C. Goodwin U.S. Administrative LawJudge Attachment

- Service ListFAA DocketNo. CP10S00004 (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 2WIOOO l 

### ONE COpy Stephen

### R. Snyder,

### Respondent's Counsel Snyder, Birch & Morgan, LLP 200 West Main Street Syracuse, IN 46567 TEL: 574-457-3300 FAX: 574-457-2056 Rashawn Rich George, 

### Complainant's Counsel Southern Region, ASO-7 Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20

. 1200 NewJersey Avenue, S.E. EastBuilding Ground Floor Room E12-320 Washington, DC 20590 TEL: Attorney-Advisor 202-366-2139 Legal Assistant 202-366-5121 FAX: 202366-7536

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 2WlOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. I