UNITED STATES OF AMERICA ~ECEIVED DEPARTMENT OF TRANSPORTATION JUN 27,2012 

HEARING DOCKET 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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* 

In the Matter of AERO MICRONESIA * FAA Docket No.: TBD 

* FDMS No. FAA-2012-0468 & 0469 

* 

Respondent. * FAA Region: Western-Pacific;3:: r'·"-..11 

* 

* Judge: Ronnie A. Yoder 

* 

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Proposed Procedural Schedule, Statement Re Settlement Efforts, and Proposed,) 

Hearing Site .t.:::.~ '1f.) 

To: Judge Yoder: 

The following is in response to your May 21,2012 "ORDER OF CHIEF 

ADMINSTRA TIVE LAW JUDGE ESTABLISHING PROCEDURES," wherein you 

ordered that the parties, "on or before June 22, 2012, ... file (1) any amendment of the 

complaint or answer; (2) an agreed or separate proposed procedural schedules, including 

proposed dates (i.e., specific dates, not merely number 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 agreementofthe parties, a 

justification of the proposed site." This response is for both Aero Micronesia cases 

referenced above. This is joint response from both parties. 

Proposed Procedural Schedule. 

7/2/12- 10/5112 

11/30112 

1/15/13 

Discovery 

Due Date for Filing Stipulations & Witness Lists 

Hearing 
Statement Re Settlement Efforts. 

The parties engaged in substantial settlement efforts prior to Respondent retaining 

counsel, but the parities remained far apart. Respondent recently retained counsel, and 

the parties continue to engage in settlement discussions. 

Proposed Hearing Site. The parties disagree on the proposed hearing site. 

Respondent requests that the hearing be held in Washington, DC. The judge is in 

Washington, and Respondent's attorneys are in Washington, and a key witness for the 

Respondent is in Florida. It is also a convenient location for Respondent's president Mr. 

Mike Quinn, who would also testify at the hearing. Finally, as the key FAA witness, 

FAA Inspector Clarence Kanae was able to travel from Hawaii to Orlando to conduct the 

inspection that resulted in the proposed civil penalty for one of the above cases, 

Respondent believes he should be able to come to Washington. 

Complainant requests that the hearing be held in Honolulu, HI. Complainant's key 

witness in both cases, FAA Inspector Clarence Kanae is in Honolulu. Additional 

Honolulu based witnesses in case FAA-2012-0468 (overweight engine case), include Mr. 

Keith Bermoy and Mr. Robert Valdez, who were involved with offloading the cargo from 

the aircraft in Honolulu. Also, the incident involved in case FAA-2012-0468 was on a 

flight from Majuro Atoll to Honolulu, HI. Alternatively, Complainant suggests Los 

Angeles, CA, as a compromise regarding the hearing location, which is roughly half way 

between Honolulu, HI, and Washington, DC. 

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Respectfully submitted, 

By: 

Don Bobertz 

Attorney for FAA 

Dated: June 21, 2012 

David · rstein 

Attorney for Respondent 

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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United States mail, postage 

prepaid, the Proposed Procedural Schedule, Statement Re Settlement Efforts, and 

Proposed Hearing Site, addressed as follows: 

And a copy to: 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

U.S. Dept of Transportation 

1200 New Jersey Avenue, SE 

EastBuilding Ground Floor, Room E11-310 

Washington, D.C. 20590 

Also by facsimile: 202-366-7536 

I further certify that on this date I have placed in the United States mail, postage 

prepaid, regular mail, a true copy of the above, addressed as follows: 

David Kirstein, Esq. 

Kirstein & Young PLLC 

1750 K Street, NW, Suite 200 

Washington, D.C. 20006 

Dated: June 22, 2012 

UJp w&v2 

Agnes bllane 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 

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