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### SERVED: MAY 7, 

### 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF SOUTHWEST AIRLINES CO. 

### FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2013

- 0050

PROCEDURAL ORDER 

### In orderto expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• 

### The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe FederalAviation Regulations2

. 

### Those rules provide, inter alia, that the Respondent must file a writtenAnswer or motion 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 motionnot 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 orinformationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaintthat is not specifically denied in the answer may be deemed an admission ofthe 

### truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulaaons.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://wwwfaa.gov/ about/office_org/headquarters _offices/ agc/pol_acfjudication/ agc400/civil _penalty!; see also: http://ecfr.gpoaccess.govlcgilt/text/text-idx?c=ecfr&tpl=lecfrbrowse/Tit/el4/ 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. 

### 1that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B andthe Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter. 3 Compromise maybe effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) 

### 0)). 

### NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are notrequiredto, serve discovery on the undersigned. Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Ifa party has a non-substantive matterto discuss, they should contact Mr. IraLeibowitz, Attorney/ Advisor (202} 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters maybe addressed to StaffAssistant, PatMatthews [202-366- 5121] (Patricia.Matthews@dot.gov). WHEREFORE, theparties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Dallas, TX.; 2. On orbefore July 8, 2013, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to production requests and/orinterrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall bepreparedto present this case at a hearing on or after July 8 2013 4

, subject to the availability ofcourtroom facilities. Thespecific date and time for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunityto 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

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations 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 in the course of settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to discuss those dates with Mr. Leibowitz and/or Ms. Matthews in order to getthe dates reserved on thejudge's calendar. 2

### thereafter; and any rebuttal briefbythe Complainant shall be filed seven (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 bythe presiding judge.6 

### 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe delayed due to screening conductedby 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 ofsubmissions. The parties are encouraged, butnot required, to file submissions by private delivery service, facsimile, oremail. The certificate ofservice shall reflect the manner ofservice. Theparties are encouraged to provide email addresses to expedite service of pleadings.

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 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: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA

. Docket CP89GL0458, "OrderCancelingHearing and Terminating Proceeding", served January 16, 1991,

at 1. 

### 3

### SERVICE LIST ORIGINAL & 

### ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 1



### Dane B. Jaques, Respondent's Counsel McKenna Long & Aldridge LLP
. 1676 International Drive, PH McLean, VA 22102 TEL: 703-336-8800 FAX: 703-336-8750 ONE COPY



### EMAIL: djagues@mckennalong.com Jeffrey Novata, Respondent's Counsel Attorney, Southwest Airlines Co. Love Field P.O. Box 36611 Dallas, TX 75235-1611 TEL: 214-792-4263 YolandaAyalaBernal, Complainant's Counsel Senior Attorney, Office ofthe Regional Counsel Safety Enforcement Branch, Southwest Region, ASW-7E2 Federal Aviation Administration 2601 Meacham Boulevard, Room 663 Fort Worth, TX 76137 TEL: 817-222-5070 FAX:**817~222-5945** 

### or 5092 EMAIL: Yolanda.A.Bernal@faa.gov FDMS No. FAA-2013-0050 (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 2Wl,OOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

### 4

### The Honorable Richard C. Goodwin,AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL:**202~366-2** 

### 139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536

5