-'^o-S{^MB^S$. 

SERVED: JANUARY 5, 2011 

U.S. DEPARTMENT OF TRANSPORTATION '•'If.'lca-'^^^^ ,. 

OFFICEOF HEARINGS y^:^^^V?^^^ 

WASHRsIGTON, DC -^ "^-' 

IN THE MATTER OF 

IM&IM TANKS, INC. 

FAA DOCICET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMSNO. FAA-20Il-ni 8 

PROCEDURAL ORDER 

In order to e.xpedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow'. The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations". 

Under FAA.Order2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

selllemenl and compromise of this matter.'' Compromise may be effected with or 

without a finding of violation (14 C.F.R. i;13.16 (n) (])). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

Judge. Other Judges have different policies, but as long as this case is assigned to the 

undersigned presiding Judge the parties may, but are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party, or its representative on an ex 

parte basis. If a party has anon-substantive matter to discuss, they should contact the 

' Materials filed in the FAA Hearing Docket (e.\cept for materials filed in security cases) are also available 

for viewing at hiip://w\vw.re^ulations.zov. 

~ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at; 

hUp://w\\>wJaa.gov/ahoul/oJ]lcejjrg/headquariersjD^iccs/agc/puljidjuJicaiiun/agc400/civilj)enali^^^ see 

also: hiip://ecfr.gpooccess.goWcgi/l/texi/lexl-ick?c=ecfr&tpl=/ecfrbro\vs(^Title}4/l4ii-ib_02.tpl. In 

addition, Thomson Re liters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions 

are available through LEXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional 

information, see thi; Web site. 

^ See Linda Joyce Goodman, FAA Docket No. CP89WPQ061. Order dated May 30. 1989. 

•* "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to foster frank discussions". (Fiberglass Insulators, Inc. v Dupuy, et al, 

(856F. 2d652,26Fed. R. Evid.Serv. 1225, 1988. See also Coakley & Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McConnick on Evid. 

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure). Rule 408 of the Federal Rules of 
judge's attorney-advisor, Mr. Ini Leibowitz at (202) 366-2139 (Ira.Leibowitzfgidot.uov). 

Administrative matters may be addressed to the Judge's, Legal Assistant, Pat Matthews 

[202-366-5121 If Patricia.Matthewsfai,dot.Rovy 

WHEREFOIIE, the parties be and are hereby ORDERIZD to adhere to the 

following procedural schedule; 

1. Venue shall be Honolulu, HI.; 

2. - On or before April 13, 2012, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses 

to production requests and/or interrogatories. If the parties cannot resolve 

a discovery dispute they shall submit the 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 

April 13, 2012^, subject to the availability of courtroom facilities. The 

specific date and time for the hearing will be forthcoming in a separate 

Order. 

4. The parties will have the opportunity to tile Post-Hearing briefs and 

arguments pursuant to a schedule to be detemiined at the hearing. For 

guidance, the following schedule is typically used: Complainant shall file 

its brief fifteen (15) days after receipt of the transcript; Respondent shall 

its brief fifteen (15) days thereafter; and any rebuttal brief by the 

Complainant shall be tiled seven (7) days thereafter. 

5. Settled cases will not be removed from the hearing docket until the proper 

written pleading(s), consistent with the applicable rules, is received by 

the presiding judge. 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

^ 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a 

complaint or pany may withdraw a request for a hearing without the consent of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379. "Order Tenninating Proceeding", served February 26, 2005: citing. Kerry James Eldridue, FAA 

Docket CP89GL0458, "Order Canceling Hearing and Teniiinating Proceeding", served January 16, 1991, 

at 1; In The Maner of Robert Harris FAA Docket No. CP03EA000I. DMS No. l-AA-2002-14236.. Orders 

dated October 18,2004 and October 27, 2004. USAIR. tnc. FAA Docket CP90NE0359. Trans World 

Airlines, Inc.. FAA Dockets CP90GLQ085. CP90CE01 10, CP90CEQI14. CP90CE0I34. Order of 

Administrative Law Judge Burton S. Koiko, served April 8, 1992. p. 2. See "Order Dismissing 
6. The parties are advised that submissions sent to the street address of the 

U.S. Department of Transpoilation, Office of Hearings, may be delayed 

due to screening conducted by the U.S. Postal Service and/or other 

security agencies and may take up to four (4) weeks to be delivered. 

Additionally, submissions may be "irradiated", which affects the quality 

of submissions. The parties are encouraged, but not required, to llle 

submissions by private delivery service, facsimile, or email. The 

certificate of service shall reflect the manner of ser\'ice: 

Licnard C. Goodwirl^--) 

U.S. Administrative Law Judge 

Attachment - Ser\'ice List 

Complainant's Appeal". In The MaHer of Robert Harris. FAA Docket No. CP03EA0Q0I. DMS No. FAA2005-14. August 15.2005. 
FDMSNo. FAA-20n-l 

(Civil Penalty Action) 

SERVICE 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' 

ONE COPY 

M&M Tanks, Inc., Respondent 

ATTN: Michael Weitzenhoff 

1036 Mikoie Street 

Honolulu, liJ 96819 

Christopher Merrill, Complainant's Counsel 

Attorney, Office of the Regional Counsel, AWP-7.3 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7105 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Sen'ice was by U.S. Mail. For service in person or by expedited courier, use Uie following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W.. Wilbur Wright Building—Suite 2W1000, 

Washington, DC 20591, Aitenlion: Hearing Docket Clerk, AGC-430.