SERVED: July 7, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATfER OF 

KENNETH RAY RUMBERGER 

Docket No. FAA-2015- 0639 

(Civil Penalty Action) 

PROCEDURAL ORDER 

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In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow. 1 The Rules of Practice tor this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations. 2 

Those rules provid~, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the Complaint ( 14 C.F.R. § I J.209(a)), that a 

general denial is deemed a failure to file an Answer(§ 1.3.209(e)), that failure to file an 

Answer without good cause is deemed an admission-of each allegation in the Complaint 

(§13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of 

time must tile 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 that the person is without 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in·the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

Under FAA Order 2150.38 and the Rules governing these proceedings, the 

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

1 _Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for 

viewing at hup:/IH•Jt'll'.r.:gulatiuns.gm•. For additional information see: ht1p:/'dms.Jo1. <.:uv. 2 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: 

hi I p: llwww.f iw. go v/uboullrl// ice_ r wg/head(JIIIlrt <:rs __ t ~(lic:es/ugclpol_ wli uJi..:ul itu 1/a,l!.<'-l 00/civ i l_penul (I'/; see 

also: hllp:llec;(r.gpoaccess.govlcgiltltextltext-idr '!c'-=etfr& lpl=/e,ji-hrowse/Title /41 /4tah _02./p/. In 

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

are available through LEX IS (TRANS library) and WestLaw 9FTRAN-FAA database. For additional 

information, see the Web site. 
settlement and compromise of this matter. 3 Compromise may be effected with or 

without a finding of violation ( 14 C.F.R. § 13.16 (r)) (I)). 

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

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

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

the undersigned. 

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

parte basis. Administrative matters may be addressed to Staff Assistant, Pat Matthews 

(202-366-5121] (Patricia.Matthews(iiJ.dot.gov). 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

I. Venue shall be Los Angeles, CA. area; 

2. On or before December 4, 2015, 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 

December 4, 2015,4 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 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 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 filed severi (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. 5 is received by the presiding 

judge. 6 

3 "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, 856 F. 2d 

652, 653 (4 Cir. 1988); Wright & Graham. Federal Practice and Procedure: Evidence,.§5302 ( 1980). Rule 

· 408 of the Federal Rules of Evidence excludes from evidence all statements made in the course of 

settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative law judge shall give each par1y at least 60 days notice of 

the date, time and location of the hearing." If the 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 

the judge's calendar. 

2 
6. The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, 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 file submissions by private delivery service. 

facsimile, or email. The certificate of service shall reflect the manner of service. 

The parties are encouraged to provide email addresses to expedite service of 

pleadings. 

7. All documents are to be submitted to the undersigned as follows: 

HQN. Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E 11-31 0) 

Washington, D.C. 20590 

Attn: Patricia Matthews 

(Richard. Good \.vi n(uldot. gov) 

Administrative matters should be directed to Patricia Matthews, Staff Assistant 

(202) 366-5121 (Patricia.TVIatthews@dot.gov). 

All other matters should be addressed in writing/en1ail to Judge Goodwin. 

~,s:tJCi~ev 

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 or party 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 tor a hearing and the 

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

6 See: In the Matter of Lewis Drake & Associates, FAA Do~ket No. CP03S00045. OMS. No. FAA-2003-

163 79, "Order Terminating Proceeding", served February 26, 2005: citing Kerry James Eldridge. FAA 

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

at I. 

.., 

.)