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**~**.......-.-•:-\r-'·.,.. •

- '\j,··**~**·;I\;,- -..;**~** :.?c.-r,·,;rc·**~ ~**  --, ....**--."~-·1'\·.·- ~·** **~.:: \.};-•c.-!i"~d**  o\)t·H.: ,.:r;:·:· t0**~'-!}** ·Nk I.' A C·''1 •-\...**~** . • il-;. In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow. 1The Rules of Practice tor this proceeding are set forth in14 C.F.R. Part 13, Subpart G,ofthe Federal Aviation Regulations. 2 Those rules**provid~,** inter alia, that the Respondent must filea written Answer or motion within thirty (30) days after service ofthe Complaint (14 C.F.R. §I J.209(a)), thata general denial is deemed a failure tofile an Answer(§ 1.3.209(e)), that failure tofile an Answer without good cause is deemed an admission-of each allegation inthe Complaint (§13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time must tilea 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 ofthe complaint. Any statement or allegation contained inthe complaint thatis not specifically denied in·the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure tofile 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 inthe 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. 2The Administrator's civil penalty decisions, along with indexes ofthe decisions. the Rules of Practice, as well as other materials relating to civil penalty cases. are available on the internet at:

hiIp: 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 onanex 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. Ifthe parties cannot. resolve a

discovery dispute they shall submit the dispute·to the undersigned for resolution ina timely manner; 3. The parties shall be prepared to present this case ata hearing onor after December 4, 2015, 4 subject tothe availability of courtroom facilities. The specific date and time for the hearing will be forthcoming ina separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant toa schedule tobe determined atthe 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. 5is 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 inthe course of settlement negotiations. 414 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." Ifthe parties can agree on tentative hearing dates. they are encouraged to provide those dates tothe court and/or Ms. Matthews in order to get the dates reserved on the judge's calendar. 26. The parties are advised that submissions sent tothe street address ofthe 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 upto four (4) weeks tobe delivered. Additionally, submissions may be "irradiated", which affects the quality of submissions: The parties are encouraged, but not required, tofile 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 aretobe submitted tothe 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 514 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 fora hearing without the consent of the administrative law judge. Ifan agency attorney withdraws the complaint ora party withdraws the request tora 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. atI. ..,.)