### SERVED: November 24, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THEMATTER OF DELTA AIRLINES, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2014-0814

PROCEDURAL ORDER In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• 

### 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, that the Respondent must file a written Answer or motion within thirty (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(t)), and that, absent agreement ofthe 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, 14 CFR 

### § 13.209 (e) states: A person filing an answer shall admit, deny, or state thatthe person is without sufficientknowledge orinformationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for J:Tlaterials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, 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/ age/pol_adjudication/ agc4001civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=lecfrbrowse/Title14/ 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. 1that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B andthe Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 Cn) (1)). NOTE: This presiding Judge does notrequire "Discovery" be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are notrequired 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 Atlanta, GA.; 2. On or before March 6, 2015, the parties shall conclude all discovery including, butnot limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after March 6, 20154

, subjectto 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 schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days**the~eafter;** and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.

3 "The public policy 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 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 each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in order to get the dates reserved on thejudge's calendar. 2

### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5

### is received by the presiding judge.6 

### 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted bythe U.S. Postal Service and/or other security agencies and may take up to four (4) weeks to be delivered. Additionally, submissions maybe "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflectthe manner ofservice. The parties are encouragedto provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All othermatters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw arequest for ahearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 

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### SERVICE LIST ORIGINAL & 

### ONE Ct>PY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001



### Jon-Peter F. Kelly, Respondent's Counsel 

### Assistant General Counsel Delta Air Lines, Inc. Department 981 1030 Delta Boulevard Atlanta, GA 30354-1989 TEL: 404-714-9631 FAX: 404-677-2972 ONE COPY



### Christopher R. Stevenson, Complainant's Counsel 

### Office ofthe Regional Counsel, AS0-7 Southern Region 1701 Columbia Avenue College Park, GA 30337. TEL: 404-305-5200 FAX: 404-305-5223 The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2014-0814 (Civil Penalty Action)

1 Service was byU.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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.


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