btKVtU bhP I tMBER 6, 2011 ^ AHTlvlEiNlT OF 

U.S. DEPARTMENT OF TRANSPORTATION . '•{^'f OPFifttiONS 

OFFICE OF HEARINGS 

WASHINGTON, DC - :• -.Fp-I A ^^^20 

J 1 1 •-> -

IN THE MATTER OF 

SKY KING, INC. 

FAA DOCKET NO. CPllSOOOOO 

(Civil Penalty Action) 

FDMS NO. FAA-2011- 0670 

PROCEDURAL ORDER 

In order to expedite 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^. 

Those rules provide, 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. § 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 of each allegation in the Complaint 

(§ 13.209(f)), and that, absent agreement of the 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 Te) 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 2150.3B and the Rules governing these proceedings, the 

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

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at http://www. regulations, gov. 

^ 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: 

http://www.faagov/about/officeorg/headquarters_offices/agc/pol_adjudication/agc400/civilj)enalty/; see 

also: http://ecfr.gpoaccess.gav/cgi/t/text/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. 

1 
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settlement and compromise of this matter/ C^^jj^^^^i^^msy be effected with or 

without a finding of violation (14 C.F.R. f||(^ffi|^|^ y 

NOTE: This presiding Judge does nsAm^^^ "Pisoovery" to be served on the 

Judge. Other Judges have different polic^t^'j^l^cm^is this case is assigned to the 

undersigned presiding Judge the partiesitgH^^Ji||t'^iKitl%quired, serve discoveiy (m the 

undersigned. 

The judge will not discuss the case 

parte basis. If a party has a non-substaij^sp 

judge's attorney-advisor, Mr. Ira Leibbvatis 

Administrative matters may be addressed tO 

[202-366-5121] (Patricia.Matthews(a).dofey9fif^A> 

Ipa^ , or Its representative on an ex 

!j, they should contact the 

139 (h-a.Leil?Qwit?!^tgQv). 

;e*ai Legal Assistant, Pat NlaCfiiews 

.'•"i ^' . 

WHEREFORE, the parties be andWaW ^ OSaSRED to adhere to the 

following procedural schedule: 

1. Venue shall be San Francisco, CA,;, 

2. On or before November 4,201J 

including, but not limited to, 

production requests and/or inl 

discovery dispute they shall sul 

in a timely manner; 

3. NOTICE IS HEREBY GIVEN ^ g 

at a hearing on or after Novanber i^ 

courtroom facilities. 

4. The parties will have the opppj 

pursuant to a schedule to be 

following schedule is typically 

days after receipt of the 

thereafter; and any rebuttal \m 

days thereafter. 

j,,l-5?<J|,, 4 

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aadi^le all disooVo^ll i 

|s«du(^on, js^p^lsca^ttf 

ies 9»mio(kfes^(vepc(^ i -^ 

1o the availitoUi^:0ifi ' 4 . 

^ m it$ l^#p ^ #5) 

Its .Iffief liftBfii^*^!^^^ 

shall be fUdl^Kn^ii ^ 

' See Linda Joyce Goodman. FAA Docket No. < 

* "The public policy of fiivoring and < 

settlement negotiations in order to foster frank 

(856 F. 2d 652,26 Fed. R. Evid. Serv. 1225, 19fH». 

Incorporated v Structural Concrete EquipHient, 

§266 (6th ed.); Rule 68 of the Federal Rule^jof 

Evidence "...prtdiibits the admission of 

Africa Air Corporation. FAA Order No. 99-5). 

settlement discussions is as compelling in FAA 

its guidance will be followed in diese proceeds," 

^ 14 C.F.R. § 13.221 states: "The admUusttrittli 

the date, time and location of the hearing." 

mi.:i^^=Aimimi^ . 

May 30, 

the 

i,4p]toC«be'Eidiit. 

purpose <^ 

asitisinFede^ 
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.^ 

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 maimer of service. 

:hard C. Goodwin 

r.S. Administrative Law Judge 

Attachment - Service List 

14 C.F.R. § 13.215 states: At any time before or durmg 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 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 Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge. FAA 

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

at 1; In The Matter of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders 

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

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15, 2005. 
^r^T^^^^:r^7wr 

FDMS No. FAA-2011-0670 

(Civil Penalt^s^ion) 

S£RVi^££ST 

Federal Aviation Administration » . t„> 

800 Independence Avenue, S.W. ''; 

Washington, DC 20591 -i^ 

Attention: Hearing Docket Clerk, AGl^»43j9.,; 

Wilbur Wright BuildingonEmxn 

Stephen A. Badger, VP Flight Operations 

of Safety and Security 

Sky King, Inc. 

3600 Power Inn Road, Suite H 

Sacramento, CA 95826 

TEL: 916-454-2400 

FAX: 916-737-8960 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Southern Region, ASO-7 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

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 Fax 

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Aviation Administration, 800 Independence A^ 

DC 20591; Attention: Hearing Docket Clerk, AOC-4S0. 

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