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- 2 2013 

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 of hearing scheduled by hearing notice in the above described 

matter. The dates of June 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 of the Agency Representative is as follows: Out of the 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. 

R=:g~zv~ ~eanette B. Daubaras 

FAA Attorney 

Office of the Regional Counsel, 

Great Lakes Region 

2300 East Devon DesPlaines, IL 60018 

(84 7) 294- 7313 
CERTIFICATE OF SERVICE 

The undersigned certifies that the foregoing Notice of Conflict was served via 

Certified Mail, Return Receipt Requested and Regular mail to the Hearing Docket as 

follows and by regular 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 of April, 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 J 8, 2013, a telephonic status conference was held in ihis matter. In attendance 

was the undersigned Adlli.inistrative Judge, Complainant's representative, Scott Warrick, Esq., 

and the Agency Representative, Jeanette B. Dallbaras, Esq. The following are the orclets 

resultilig from this cot;fetence; 

PRE-HEARiNG CONFERENCE 

The pa:rties, and their representative;;, if any, must attend this conference. 

Date: May 22, 2013 

Time: 2:30 p.m. Eastern 

Place: Equal Employment Oppmtunity Commission via telephone to be initiated 

by the Administrative Judge. The Agency Representative and the 

Complairiant and his/her representative will appear by telephone. The 

pmties must inform fue Administrative Judge no later than May 15, 2013 

of the telephone number that they will use for fue conference. 

IfEARING 

The pmties, and their representatives, if any, are required to 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 a mutually 

agreeable place is determined by the Complainant and the Agency by the 

date of the Pre-Hearing Conference. 

THE PRE-HEARING CONFERENCE 

The pmpose of the 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 of fact not in dispute, 

procedures to be followed at the Hearing, and discussion and clarification of any remaining 

questions that either party may have. 

At the Hearing, only pre-approved witnesses will be pennitted to testify. Therefore, the 

parties must submit their proposed witness lists to the Administl·ative Judge and the 

oppo~ing pal'ty no later than May 15, 2013. The witness list shall include the natne, title and 

location of each proposed witness and must include a brief detailed explanation of their expected 

testimony and the estimated length of time for the witnesses' testimony. The expected testimony 

shall be both relevant and material to the issues in the complaint and not unduly repetitious. 

Parties will not be permitted to call witnesses in their case-in-chief or rebuttal witnesses if 

they fail to timely submit a witness list. Tlle failure to include a brief explanation of a 

proposed witness' testimony will also result in the disapproval of that witness at the 

Hearing. 

The Parties are notified that there will be a time limit to present each witness' 

tesfunony in order to promote the efficiency of th'C hearing. The specific time limit for each 

witness will be determined at the Pre7hearing Conference based on the witness, their 

proposed testimony and the 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 on his mental disability (major depressiom 

sleep apnea) when, on or about December 28, 2011, he was tenninated from your position of 

Airway Transportation System Specialist, FV-2101-F, during your probationary period? 

Court Reporter and Transcript 

The Agency shall auange for a court reporter to take a verbatim transcript of the hearing. 

The court reporter shall not be an employee of the 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 of the transcript each with exhibits plus an 

electronic version of the transcript with exhibits on a CD. The court reporter shall also be 

instructed to deliver an original and all copies of the transcript to tl1ls office within ten. (l 0) 

calendar days of the close of the hearing. 

Report of Investigation 

The Agency must send or bring a printed hard copy of the initial Report of Investigation 

fully separated by tabs indicating exhibits with the file be shown to the witnesses during the 

heming. 

SO ORDERED. 

Administrative Judge 

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