SERVED SEPTEMBER 6, 2011 Pi'MEN! OF 

U.S. DEPARTMENT OF TRANSPORTATION " r^'nDpR^'finv:; 

OFFICE OF HEARINGS -• ^^ CMh.i .. 

WASHINGTON, DC ,;, .-o -, A cv 9 i 

•:.•- J i -.'•L I I /" A I" L I 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

FAA DOCKET NO. CPl ISWOOOO 

(Civil Penalty Action) 

FDMS NO. FAA-2011- 0775 

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. § 13.209ra^'). 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. 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

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

for viewing at httpJ/wwvf. regulations, gov. 

^ 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_acljudication/agc400/civil_penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl-/ecfrbrowse/Titlel4/14tab_02. tpl. In 

addition, Thomson ReutersAVest 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 
settlement and compromise of this tnatt^.^: 

without a finding of violation (14 C.F.%jj 

[yttomise may be effected with or 

-h%'^-

NOTE: This presiding Judge do ^ iu>|#eqip:e "Discovery" to be served on the 

Judge. Other Judges have different policies^ ^ | ai long as this case is assigned to the 

undersigned presiding Judge the parties fi»if,1|Bjit3aPB not required, serve discovery on the 

undersigned. 

-, ..JS'i-i^ft;:' 

The judge will not discuss the caseyii^m^ party, or its representative on an ex 

parte basis. If a party has a non-subst^t^^ i^|||iito^^uss, they should contact the 

judge's attorney-advisor, Mr. Ira Leibo^^^i^^ ^ 3^213 9 (Ira.Leibowitz(aidot.gov). 

Administrative matters may be addressed to ws judge's. Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthews(^doig&v>. 

WHEREFORE, the parties be and are laeb y OiLDERED to adhere to the 

following procedural schedule: / >t '; 

1. Venue shall be Houston, TX.; 

2. On or before November 4,2011, 

including, but not limited to, di 

production requests and/or ini 

discovery dispute they shall si 

in a timely manner; 

3. NOTICE IS HEREBY GIVEN 

at a hearing on or after Novembra* 4, 

courtroom facilities. 

j^b^Jl cpnclude all discovery 

Hic^^ t production, responses to 

||f||«>^arties cannot resolve a 

undersigned for resolution 

j^haU^H jwepared to present this case 

^ m£4fict to the availability of 

The parties will have the oppprtiB^^^ 

pursuant to a schedule to be 

following schedule is typically »ts^ | 

days after receipt of the transcri] 

thereafter; and any rebuttal brief j^iltopl 

days thereafter. 

J^f^Hearing briefs and arguments 

For guidance, the 

^ball file its brief fifteai (15) 

its brief fifteen (15) days 

it shall be filed seven (7) 

^ See Linda Joyce Goodman. FAA Docket No. Ql 

* "The public policy of &voring and encouragltlgf 

settlement negotiations in order to foster frank 

(856 F. 2d 652,26 Fed. R. Evid. Serv. 1225, 19| ^ 

Incorporated v Structural Concrete Equipment 

§266 (6th ed.); Rule 68 of the Federal Rules of Ql 

Evidence "...prohibits the admission of statemi 

Africa Air Corporation, FAA Order No. 99'5), 

settlement discussions is as compelling in FAA Q|: 

its guidance will be followed in these p-oce^." 

' 14 C.F.R. § 13.221 states: "The administratlvei: 

the date, time and location of the hearing." 

P^l ^ May 30,1989. 

Weasary the inadmissibility of 

Insulatms, Inc. v Dupuy, et al, 

53 F|My349,1992; 2 McCormick on Evid. 

,^|| ^ of the Federal Rules of 

• ions..." (In the Matter of 

purpose of eocourag^ fiank 

^ as it is in Federal Trials. Hence, 

[ gil|»-«ach party at least 60 days notice of 
5. Settled cases will not be removed from the hearing docket until the proper 

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

presiding judge.^ 

6. 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. 

joodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

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 

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. 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-2011-0775 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, A(]fC-430, 

Wilbur Wright Building-Suite 2W1000' 

ONE COPY 

Thomas Newton Boiling, Respondent's Counsel 

Vice President and Associate General Counsel 

United Airlines and Continental Airlines, Inc., Respondent 

11W. Wacker Drive-16* Floor 

Chicago, IL 60601 

TEL: 312-997-8068 

FAX: 312-997-8068 

Tim Duff, Complainant's Counsel 

Attorney, Office of Regional Counsel, ASW-7 

Southwest Region 

Federal Aviation Administration 

2601 Meacham Blvd. 

Ft. Worth, TX 76193-0007 

TEL 817- 222-5099 

FAX 817-222-5945/5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: Attorney-Advisor 202- 366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Servicewasby 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.