SERVED DECEMBER 22, 2011 

DEPARTMENT OF ^ 

U.S. DEPARTMENT Ol- TRANSPOF^TATION .i^j-'^^NSPURjAjiON^^ 

OFFICE OF HEARINGS •.,.v.•;^!:l '-i r.r..!itM,o 

WASHFNGTON, DC '.n o 

?:ui! r;[C 2 5 A ^1^ 5 2 

[N THE MATTER OF 

MAUREEN T. WILSON-DOUBEK 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMSNO. FAA-2011-0683 • 

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^. 

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 of this matter. Compromise may be effected with or 

without a finding of violation ("14 C.F.R. ^13.16 fn)(n). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

.ludge. 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, 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-substantive matter to discuss, they should contact the 

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

for viewing al hup://www.regulaiions.sov-

^ 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: 

biip:/A\n\'\%\faa.}i;ov/aboiii/oJ)icejyrg/headq2iarters_ojJ]ces/agc/pol_adiudwation/ngc400/civU_p^^ see 

also: hnp://ecfr.gpoacccss.goWcgi/i/lexl/text'idx?c=ecfr^lpl=/ecfrhro\\\se/Title14/}4lah_02 ipl. In 

addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions 

are available ihrougli LEXIS (TRANS librar>') and Westlaw 9FTRAN-FAA database). For additional 

information, see the Web site. 

' See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

* "The public policy of favoring and encouraging settlement makes necessary (he inadmissibility of 

senlement negotiations in order to foster frank discussions". (Fiberglass Insulators, Inc. v Dupuy, et al, 

(856 F. 2d652. 26Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, 

Iticorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992: 2 McCormick on Evid. 

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

I 
judge's attorney-advisor, Mr. Ira Lcibowitzat (202) 366-2139 (ha.Lcibowitz@dot.Gov). 

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

[202-366-5121] (Patricia.Matthews@dot.gov). 

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

following procedural schedule: 

1. Venue shall be Helena, MT.; 

2. On or before March 1, 2012, the parties shall conclude all discovery 

including, but not limited to, depositions, docutnenl production, responses 

lo production requests and/or interrogatories. If the 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 al a hearing on or after 

March 1, 2012, 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 lo be determined al ihc iiearing. l^or 

guidance, the following schedule is typically used: Complainant shall file 

its brief fifteen (15) days after receipt of ihe transcript; Respondent shall 

its brief fifteen (15) days thereafter; and any rebuttal brief by Ihc 

Complainant shall be filed seven (7) days thereafter. 

5. Settled cases will no^ be removed from the hearing docket until the proper 

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

the presiding judge. 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

' 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

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 Maner of Lewis Drake & Associates. FAA Docket No. CF03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served Februar>' 26, 2005; citing Kern' James Eldridge. F^AA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Maner of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236.. Orders 

dated October 18, 2004 and October 27, 2004. USAIR, Inc.. FAA Doci^et CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110, CP90CE0114. CP90CE0134, Order of 

Administrative Law Judge Burton S. Koiko, served April 8, 1992, p. 2. See "Order Dismissing 
6. The parties are advised that submissions sent to the street address of the 

U.S. Department ofTransportation, Office of Hearings, may be delayed 

due to screening conducted by the U.S. Postal Service and/or other 

security agencies and may lake 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 refiect the maiuicr of service. 

U.S. Adtninistrative Law Judge 

Altacliment - Service List 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA000I. DMS No. FAA2005-14, August 15,2005. 
FDMS No. FAA-2011-0683 

(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 2W1000' 

ONE COPY 

John C. Doubek 

Doubek & Pyfer, LLP 

307 North Jackson 

Helena, MT 59624 

TEL: 406-442-7830 

FAX: 406-442-7839 

David F. Sh^yne, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, SW. 

Renton, WA 98057 

TEL: 425-227-2165 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Ser\'ice 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 2059 U Attention: Hearing Docket Clerk, AGC-430.