UNITED STATES OF AMERICA

# ~ECEIVED DEPARTMENT OF TRANSPORTATION 

## JUN 27,2012 

# HEARING DOCKET OFFICE OF HEARINGS

WASHINGTON, D.C. *********************************************** 

### * 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 

### * *********************************************** Proposed Procedural Schedule, Statement Re Settlement Efforts, and Proposed,) Hearing Site**.t.:::.~** '1f.)

To: Judge Yoder: The following is inresponse to your May 

### 21,2012 "ORDEROF CHIEF ADMINSTRA TIVE LAW JUDGE ESTABLISHING PROCEDURES," wherein you orderedthattheparties, "onorbefore June 

### 22, 2012,

... file 

### (1) any amendment ofthe 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 ofwitnesses, a summary oftheirproposed testimony, and for (b) exchanging exhibits and discovery, ifany; (3) a statement concerningthe status of settlement efforts; and (4) a proposed hearing site, and absent agreementofthe parties, a justificationofthe proposed site." This response is for both Aero Micronesiacases referenced above. This isjointresponse from bothparties.
Proposed Procedural Schedule. 

### 7/2/12- 10/5112 11/30112 1/15/13 Discovery Due Date for Filing Stipulations 

### & Witness Lists HearingStatement Re Settlement Efforts. The parties engaged in substantial settlement efforts prior to Respondent retaining counsel, butthe 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.
Respondentrequests thatthe hearing be held in Washington, DC. Thejudge is in Washington, and Respondent's attorneys are in Washington, and a key witness for the Respondent is in Florida. Itis 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 inspectionthat resulted inthe proposed civil penalty for one ofthe above cases, Respondent believes he should be able to come to Washington.
Complainantrequests thatthe hearing be held in Honolulu, HI. Complainant's key witness inbothcases, FAAInspector 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 offloadingthe 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 halfway between Honolulu, HI, and Washington, DC.

2Respectfully submitted,
By: Don Bobertz Attorney for FAA Dated: June 21, 2012 David ·rstein Attorney for Respondent



### 3CERTIFICATE OF SERVICE I hereby certify thatonthis date I have placed inthe United States mail, postage prepaid, the Proposed Procedural Schedule, StatementRe SettlementEfforts, and Proposed Hearing Site, addressed as follows:

And a copy to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000

The Honorable Ronnie A. Yoder ChiefAdministrative LawJudge Office ofHearings, M-20 U.S. Dept ofTransportation 1200 NewJersey Avenue, SE EastBuilding Ground Floor, Room E11-310 Washington, D.C. 20590 Also by facsimile: 202-366-7536 I further certify that onthis date I have placed inthe United States mail, postage prepaid, regular mail, a true copy ofthe 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 ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Hawthorne, California



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