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## SERVED: March 19, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF



### SHARP29CORP dba Aloha State Sales Co., Inc. FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013- 1084

PROCEDURAL ORDER -· t.t

In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow 1• The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Those rules provide, inter alia, thatthe Respondent must file a written Answer ormotion withinthirty (30) days after service ofthe Complaint (14 C.F.R. 

### § 13.209(a)), 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 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 motionnot less than seven (7) days before the document is due, absent good cause shown(§ 13.213(a) and (b)). More specifically, 14 CFR § 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficient knowledge or informationto admit or deny, each numbered paragraph

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing athttp://wivw.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator's civilpenalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as othermaterials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/ about/office_org/headquarters_offices/ age/pol_adjudication/ agc400/civil _yenalty/; see also: http:// ecfr.gpoaccess.gov/ cgilt!text/text-idx?c=ecfr&tpl=/ecfrbrowse!Titlel4/ 14tab

_02. tpl. In addition, Thomson Reuters/West 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. 3**~~: -~**  q

•**·~"'** !ofthe complaint.Any statement or allegation containedinthe complaintthat is not specifically denied in the 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 and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a fmding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 

### 1. Venue shall be Honolulu HI.; 2. On or before May 9, 2014, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submit the dispute to the undersignedfor resolution in a timely manner; 3. The parties shall be prepared to presentthis case at a hearing on or after May 9, 2014\ subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. Theparties 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 istypically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652,653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 4 14 C.F.R § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree ontentative hearing dates, they are encouragedto provide those dates to the court and/orMs. Matthews in order to get the dates reserved on thejudge's calendar. 2ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied in the 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 and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to consider the possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. OtherJudges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Honolulu HI.; 2. On orbefore May 9, 2014, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to presentthis case at a hearing on or after May 9, 20144

, subject to the availability ofcourtroom 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 to be determined at the hearing. For guidance, the following scheduleistypically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days

3 "Thepublicpolicy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe FederalRules ofEvidence excludes from evidence all statements made inthe course of settlement negotiations. 4 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." Ifthe parties can agree ontentative hearing dates, they are encouragedto provide those dates to the court and/orMs. Matthews in order to getthe dates reserved on thejudge's calendar. 3SERVICE 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 1



### James Sharp, Vice President Sharp 29 Corporation, ONE COPY



### d/b/a Aloha State Sales, Inc., Respondent 

### 2909 Ualena Street Honolulu, HI 96819 TEL: 808-844-2929 FACK: 808-839-5412 Lisa J. Toscano, Complainant's Counsel 

### Office ofthe Regional Counsel, WesternPacific Region, AWP-7 Federal Aviation Administration P.O. Bo:(C 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7110 FPCX: 310-725-6816 The Honorable Richard C. Goodwin,

Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FPCX: 202-366-7536 FDMS No. FAA-2013-1084 (Civil Penalty Action)

1 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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

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