## SERVED: AprilS, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF LEARJET, INC.
DOCKETNO. FAA-2014-0113 (Civil Penalty Action)

PROCEDURAL ORDER 

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In orderto expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, oftheFederal AviationRegulations2

. Those rules provide, inter alia, thatthe Respondent must file a written Answer ormotion within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)), that a · general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation inthe Complaint (§ 13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time must file 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 sufficientknowledge or informationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically,denied in the answer maybe deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing athttp://www.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://wwwjaa.gov!about/office

_org/headquarters _offices/ age/pol_adjudication/ agc400/civil yenalty!; see also: http://ecfr.gpoaccess.gov/cgiltltext/text-idx?c=ecfr&tpl=!ecfrbrowse/Titlel4/ 14tab

_02.tpl. In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database. For additional information, see the Web site. · 1Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement andcompromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). NOTE: This presiding Judge does not require "Discovery" 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 to, serve discovery on the undersigned.
Thejudge will not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule:
1. Venue shall be Wichita, Kansas or Kansas City, MO. Depending onthe availability ofcourtroom facilities;
2. On orbefore July 7, 2014, the parties shall conclude all discovery including, but not limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve 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 July 7, 2014\ subjectto the availability ofcourtroom 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 pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators.Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made inthe course of settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouragedtoprovide those dates to the court and/orMs. Matthews in orderto getthe dates reserved on thejudge's calendar. 25. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistent withthe applicable rules,5 is received bythe presiding judge.6
6. The parties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, 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 to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnotrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. 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:
HON. Richard C. Goodwin .U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov)
Administrative matters should be directed to PatriciaMatthews, StaffAssistant (202) 366-5121 (Patrida.Matthews@dot.gov).
All other matters should be addressed inwriting/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during ahearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6· See: Inthe Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No.**FAA-2003~** 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Keny James Eldridge, FAA · Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding'', served January 16, 1991, at 1.
3SERVICE LIST -BY U.S. MAIL 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 1

ONE COPY Mr. 

### Ralph Acs, Vice President & 

### General Manager Learjet, Inc., Respondent 

### P.O. Box 7707 Wichita, KS 67277-7707 TEL: NOT PROVIDED FAX: NOT PROVIDED
Brenda R. 

### Mesker, Director ofLegal Services Learjet, Inc. One Learjet Way Wichita, KS 67209 TEL: NOT PROVIDED FAX: NOTPROVIDED Kenneth P. Quinn, Esquire, Respondent's Counsel 

### Pillsbury Winthrop Shaw Pittman 2300 N Street, NW Washington, DC 20037-1122 TEL: 202-663-8000 FAX: 202-663-8007
David Kessler, Complainant's Counsel 

### Federal Aviation Administration 901 Locust, Room 506 Kansas City, MO 64106-2641 TEL: 816-329-3763 FAX: 816-329-3771 DocketNo. FAA-2014-0113 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.



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