March 25, 2014 

PLEASE DISCARD PREVIOUS PROCEDURAL ORDERS. THE PAGINATION WAS INCORRECT. 
SERVED: March 25, 2014 

U.S. DEPARTM ENTOF TRA SPORTATION 

OFFICE OF HEARINGS 

W ASIIINGTON. DC 

IN TilE MATTER OF 

SHARP 29 CORP 

dba Aloha State Sales Co., Inc. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 20 13 - 1084 

AMENDEDPROCEDURALORDER 

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

Procedural Schedule set fo rth hereinbelow1

• The Rul es of Practice for this proceeding 

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

2

. 

Those rules provide, inter ali a. that the Respondent must file a written Answer or motion 

within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)). that a 

general denial is deemed a fa ilure to fi le an Answer (§ 13.209(e)). that fai lure to file an 

Answer without good cause is deemed an admission of each all egation in the Complaint 

(~ 13.209(t)). and that. absent agreement of the parti es. 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 (§ 13.2 13(a) and (b)). 

More specifically. 14 CFR § 3.~09 (c) 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 

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

viewing at huo: lrH·wr.:gu/,nions.gm·. For additional information see: h!lp: tlmulul.gu\·. 2 The Administrator"s civi l penalty decisions. along with indexes ofthe decisions. the Rules of Practice. as 

well as other materials re lating to civil penalty cases. are available on the internet at: 

IJIIp: 1nnrjiw.go1· uhoul·ntlice nrg headquuners offici!.' ugc pol adjuJiculinn <I.I!,C-IIJO·Ct\·i/ f'<'11ullr: see 

also: hllp:l/ec.fr.gpoaccess.gov!cgiltltextltext-iclr::' c=ec.._'fi·& tpl=lec.ji·hrowse/ Title I -II I 4tah _02.tpl. In 

addition. Thomson Reuters/West Publishing publishes Federal Aviation Dec isions. Finally. the decisions 

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

information. see the Web site. 
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 all egation. A general denial of the complaint is deemed a failure to file an 

answer. 

Under FAA Order 2 150.38 and the Rules governing these proceedings. the 

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

settlement and compromise o f this matter. 3 Compromise may be effected with or 

without a finding of violation ( 14 C.F.R. 913. 16 (n ) ( 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 is assigned 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. Admi nistrative matters may be addressed to Staff Assistant, Pat Matthews 

[202-366-512 1] (Patricia.Matt hcwsrd,Jot.i!ov). 

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

following procedural schedule: 

1. Venue shall be Honolulu HI.; 

2. On or before May 9, 20 14, 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 May 9, 

20144

, subject to the availability of courtroom faci lities. The specific date and 

time for the hearing wi ll be forthcomi ng 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 

' "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 Dupuv, 856 F. 2d 

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

408 ofthe Federal Rules of Evidence exc ludes from evidence all statements made in the course of 

settlement negotiations. 4 14 C.F.R. § 13.22 1 states: "The administrative law judge shall give each party 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 
thereafter; and any rebuttal brie f by the Complainant shall be filed seven (7) days 

therea fter. 

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 

6. The patties 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 deli vered. Additiona ll y. submissions may be 

" irradiated''. which affects the qua lity 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 ex pedite service of 

pleadings. 

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

HON. 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 11-3 1 0) 

Washington. D.C. 20590 

Attn: Patricia Matthews 

Administrati ve matters should be directed to Patricia Matthews. Staff Assistant 

(202) 366-5 121 (PatriciaJvlatthc\\·s'({idot.g,O\} Al l other matters should be 

addressed in writing/email to Judge Goodwin (Richard.(iooth\ in /ti dot.!.!m} . 

. . I F . -f-: · .. ;./ ! ~ ... _."' l "'· ... ' ' • • 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment- Service List 

5 14 C. F.R. § 13.2 15 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 

j udge. 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 prej udice.·· 6 See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03S00045, OMS. No. FAA-2003-

16379. "Order Terminating Proceeding". served February 26.2005: citing Kerry James Eldridge. FAA 

Docket CP89G L0458. "Order Canceling Hearing and Terminating Proceed ing··. served January 16, 1991. 

at I. 

3 
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 2W I 0001 

James Sharp. Vice President 

Sharp 29 Corporation. 

ONE COPY 

d/b/a Aloha State Sales, lnc., Re.\pondent 

2909 Ualena Street 

Honolulu. HI 968 19 

TEL: 808-844-2929 

FAX: 808-839-5412 

Lisa J. Toscano, Complainant 's Counsel 

Office of the Regional Counsel. WesternPacific Region. A WP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles. CA 90009-2007 

TEL: 310-725-7110 

FAX: 3 10-725-68 16 

The Honorable Richard C. Goodwin. 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey A venue, S. E. (E I 1-3 1 0) 

Washington, DC 20590 

TEL: 202-366-5 12 1 Staff Assistant 

FAX: 202-366-7536 

FDMS No. F AA-20 13-1 084 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the fo llowing address: Federal 

Aviation Admi nistration. 600 Independence Avenue. S. W .. Wilbur Wright Building- Suite 2W I 000. Washington. 

DC 2059 1; Attention: Hearing Docket Clerk. AGC-430. 

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