U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS ·WASHINGTON, D.C.

IN THE MATTER OF TRANS NORTH AVIATION, LTD. FAA DOCKET NO. (not assigned) (Civil Penalty Action) FDMS NO. (FAA

- 2013-46) Richard C. Goodwin U.S Administrative, Law Judge 

# RECEIVED MAY- 22013 HEARING DOCKET

NOTICE THAT AGENCY REPRESENTATIVE HAS A CONFLICT WITH THE HEARING DATES SET IN THE ABOVE CAPTIONED MATTER The Agency, by and through counsel, hereby files notice that its representative has a conflict with the dates ofhearing scheduled by hearing notice in the above described matter. The dates ofJune 25, 26, and 27, 2013, are in conflict with an EEOC Hearing before Judge Carethers scheduled for June 26, 2013 (Order attached), in Detroit for which Jeanette B. Daubaras is the Agency representative. Availability ofthe Agency Representative is as follows: Out ofthe office from May 3, 2013 until May 13, 2013. May 22, 2013, Prehearing scheduled for EEOC case. Hearing on this case is June 26, 20 13 as noted. May 23, 2013 MSPB hearing Lakewood, CO or by VTC. May 16,2013, a Prehearing for this MSPB case scheduled. Submissions are due on both cases on May 15,2013. Early July is presently open.The Agency respectfully requests that the hearing dates in the above captioned matter be rescheduled in order to avoid these conflicts.

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# ~eanette B. Daubaras FAA Attorney Office ofthe Regional Counsel, Great Lakes Region 2300 East Devon DesPlaines, IL 60018 (847) 294- 7313CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Notice ofConflict was served via Certified Mail, Return Receipt Requested and Regular mail to the Hearing Docket as follows and byregular mail to Mr. Barnett, III, Esq. at the following addresses :
Original and One Copy:

One Copy: Hearing Docket Federal Aviation Administration 600 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1000 Charles R. Barnett, III 1664 Moorland Lane Crystal Lake, IL 60014-2985
Dated this 24th day ofApril, 2013.

Yolanda Quiles Legal Technician FAA Great Lakes**IYIK~.** 10. IVIJ o: IVriYI JIJ**LL0-0?0~** ttVv UtiKVJ I rv 11V. LJOJ 

### r. I



### UNITED STATES DISTRICT COURT
·EQUAL E:MPLOYMENT oPPORTUNITY COMMISSION INDIANAPOLIS DISTRICT OFlllCE

Complainant,



### v. RAYMOND L. LAI-IoOD, SECRETARY, UNITED STATES DEPARTMENT OF TRANSPORTATION Respondent ) ) EEOC NO: 470-2012-00233X ) ) AGENCYNO: 2012-24323-FAA-04 ) ) ) TREK K. CARETHERS ) ADMINlSTRATIVE JUDGE ) ) March 

### 18, 20l3 ) )


### MEMOMNDUM ON 

### STATUS CONliERENCE 

### AND SCHEDULING ORDER

On Ma:rch 

### J8, 2013, atelephonic status conference was held inihis matter. Inattendance
was the undersigned Adlli.inistrative Judge, Complainant's representative, ScottWarrick, Esq., and the Agency Representative, Jeanette B. Dallbaras, Esq. Thefollowing are the orclets resultilig 

### from this cot;fetence; 

### PRE-HEARiNG CONFERENCE The pa:rties, and theirrepresentative;;, ifany, must attend this conference. Date: 

### May 22, 2013 Time: 2:30 p.m. Eastern Place: Equal Employment Oppmtunity Commission viatelephone to be initiated by the Administrative Judge. The Agency Representative and the Complairiant and his/her representative will appear by telephone. The pmties must informfue Administrative Judge no later than May 15, 

### 2013 ofthe telephone number thatthey will use for fue conference. 

### IfEARING The pmties, and theirrepresentatives, ifany, are requiredto attend: 

### ' 

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### MAR. 18.2013 6:10PM 313 226-6584 EEOC DETROIT FO NO. 2363 P. 2

Date: June 26, 2013 Time: 

### 8:30 a.m. Eastern Place: Equal Employment Opportunity Conunission (Detroit Field Office) 

### 477 Michigan Ave., Room 

### 895, Detroit, 

### MI 48226 unless amutually agreeable place is determined by the Complainant andthe Agency by the date ofthe Pre-Hearing Conference. 

### THE PRE-HEARING CONFERENCE The pmpose ofthe Pre-Hearing Conference is to define the issue(s)

# to be heard, approve the witl)esses to testify at the hearing, the deadline prior to the hearing to submit proposed exhibits that either party seeks to enter into evidence, stipulations offact not in dispute, procedures to be followed at the Hearing, and discussion and clarification ofany remaining questions that either

### party may have. At the Hearing, only pre-approved witnesses will be pennitted to testify. Therefore, the parties must submit theirproposed witness lists to the Administl·ative Judge and the**oppo~ing** pal'ty no laterthanMay 

### 15, 2013. The witness list shall include the natne, title and location ofeachproposed witness and must include abriefdetailed explanation oftheir expected testimony and

### the estimated length oftime for 

### the witnesses' testimony. The expected testimony shall be bothrelevant and material to 

### the issues in 

### the complaint and notunduly repetitious. Parties will not be permitted to call witnesses in their case-in-chiefor rebuttal witnesses if they fail to timely submita witness list. 

### Tlle failure to include 

### a briefexplanation ofa proposed witness' testimony 

### will also result in the disapproval ofthatwitness atthe 

### Hearing. The Parties are notified thatthere will 

### be a time limitto present

### each witness' tesfunony in order to promote the efficiency of

### th'C hearing. The specific time 

### limit for each witness will be determined atthe Pre7hearing Conference based on thewitness, their proposed testimony andthe evidence already obtained in the inVestigative file. 

### 21P age

### MAR. 18.2013 6:10PM 313 226-6584 EEOC DETROIT FO NO. 2363 P. 6

Was the Complainant discriminated against onhis mental disability (major depressiom sleep apnea) 

### when, on or about December 

### 28, 2011, he 

### was tenninated from 

### yourposition of Airway Transportation System Specialist, 

### FV-2101-F, during yourprobationaryperiod? 

### Court Reporter and Transcript The Agency shallauange for a courtreporter to take averbatim transcript ofthe hearing. The court reporter shall not be an employee ofthe agency mliess previously authorized by the 

### EEOC. The Agency 

### must order and 

### instruct the comi reporter 

### to produce one Original transcript with exhibits and 2 mini-copies ofthe transcript each with exhibits plus an electronic version ofthe transcript with 

### exhibits on a CD. The courtreporter shall also be instructedto deliver an original and all copies ofthe transcript to tl1ls office within ten. (l0) calendar days 

### ofthe close ofthe hearing. 

### Report ofInvestigation The Agency must send or bring aprintedhard copy ofthe initial Report ofInvestigation fully separated by tabs indicating exhibits with the file be shownto the witnesses during the heming.



### SO ORDERED. Administrative Judge



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