SERVED: SEPTEMBER

### 30, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
lN THE MATTERS OF

COLGAN AIR, INC. FAA DOCKET NOS. CP09EA0002 AND CP09EA0005 (Civil Penalty Actions) FDMS NOS. FAA-2009-0025 AND FAA-2009-0028
ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE DEEMING ALLEGATIONS ADMITTED AND ASSESSING CIVIL PENALTY

Each case in this consolidated proceeding 1arises from a Complaint (seeking $40,000 in FAA-2009-0025 and $22,000 in FAA-2009-0028) served December 18,2008,by the Regional Counsel, Eastern Region, Federal Aviation Administration ("Complainant")/ and a Request for Hearing by Colgan Air, Inc. ("Respondent"), dated December 12, 2008. 3 By notice served June 11,2013, a ?rehearingTelephone Conference was set for July 31,2013, at 2:30p.m., Eastern

On July 26, 2013, Respondent's Counsel suggested the parties "jointly request that these
cases be removedfrom the July 31 calendar,
...that the parties inrmediately enter into settlement discussions withthe aim ofresolving these matters," and that any "agreed settlement amounts would then be filed as claims in the pending bankruptcyproceeding."5

1 Order ofChiefAdministrative Law Judge Establishing Joint Schedule and Consolidating for Hearing (May 14, 2009), ' Compl. (Dec. 18, 2008). ' Request for Hearing (Dec. I2, 2008). 4 Order ofChiefAdministtative Law Judge Adjourning Prehcaring Conference and Staying Proceedings at l (Aug. 13, 2013). 5 !d. at 1n.2.During a status call on July 29, 2013, both parties agreed that nothing further could be gained from a hearing in either case or the third remaining case concerning Respondent,

### dock~ted as FDMS No. FAA-2009-0580, as the Respondenthadceased operating. 6 The parties
, i stipulated to cancel the preheating conference and stay all proceedings for 60 days, at which ', time,

### ~bsent earlier settlement, the Judge could order a civil penalty in each case.7 On July 29,**Com~lainant's** Counsel faxed to Respondent's Counsel and the Judge a proposed order to be signed after 60 days, memorializing the parties' agreement. assessing the civil penalty sought in eachComplaint, and dismissing each proceeding with prejudice.8 On August 5, 2013,
I Resp¢ndent's Counsel faxed and mailed a letter to the Judge and Complainant's Counsel, stating that l{.espondent was "agreeable to entry ofthe order submitted to [the Judge

## Jon July 29, 20 13," in all!three cases. 9 On August 13, 2013, the Judge issued an order ineach proceeding, I adjoll(!ning the Preheating Telephone Conference in the above-captioned cases, staying**proc~edings** in all three cases until September27, 2013, and ordering that, "[a]bsent notification of**se\~lement** in the three cases on or before September 27, 2013, an order may issue in any unsedled case, deeming the allegations ofthe Complaint admitted, and the Complaint shall become an Order assessing a civil penalty in the amount sought." 10

I 

### ! To date, no party has infonned the Judge that a settlement has been ! reached. Consequently, the allegations in each Complaint are deemed admitted, civil penalties
are i!flposed against the Respondent in the amounts of$40,000 in FAA-2009-0025 and $22,000 in FA.A-2009-0028, and this proceeding is dismissed with prejudice.

I,

## i Respondentmay appeal this decisiou pursuant to 14 C.P.R. § 13.233(a)by filing a Notice I 6 !

ld at l. 1

### ld at2. 8 7d at 2 n.3. 

## •Yd at 2 n.4.**~/d** at2; ColganAir, Inc., FDMS No. FAA-2009-0580, Order ofChiefAdministrative Low Judge Staying Proceedings at 1 (Aug. 13, 2013).ofAppeal withthe Hearing Docket Clerk, atthe address shown onthe attached service list, not laterthan 10 days after service ofthis Order, and serving a copy thereofon each party. SO ORDERED.

Attachment • Service List

' -.)-FAADocket Nos. CP09EA0002 & CP09EA0005 (Civil Penalty Actions) SERVICE LIST ORIGINAL & ONE COPY Fedeiial Aviation Administration 800 Ipdependence Avenue, S.W. Washington, DC 20591 Attenltiou: HearingDocket Clerk, AGC-430

. Wilbur Wright Building- Suite 2W!000 11 OJ'¥E COPY(VIA FIR..'OT CLASS MAIL, FOLLOWING FAXED COURTESY COPY) Mark! A Dombroff,Respondent's Counsel**McK~nna** Long & Aldridge, L.L.P. 1676 !International Drive- Penthouse**Mc~an,** VA 22102 TEL:i 703-33&-8700 FAXi 703-336-8750 W. Cpyis 

### Harrison,

Counselji:Jr PinnacleAirlines, Corp. 

### In-House Counsel Pinnacle Airlines, Corp. 40 S.iMain Street, 14thFloor Memphis, 

### TN 38103 

### TEL: 901-348-2483 Colg$11 Air, Inc., Respondent One Commerce Square 40 S.IMain St. Memphis, TN 38103 Christian L. Lewerenz, Complainant's Counsel 

### Oft1ce ofthe 

### Regional Counsel, EAL-7 Federal Aviation Administration l Aviation Plaza Jamaica,

### NY 11434 TEL: 718-553-3273 

### FAX: 718-995-5699 The Honorable Ronnie A. Yoder,

Chief Administrative Law Judge U.S. DepartmentofTransportation 

### Office of

### Hearings, M-20 1200 New Jersey Avenue, S.E. (Ell-310) 

### Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536

. "'!Servicewas by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviatibn Administration, 600 Independence Avenue, S.W., Wilbur Wright Building- Suite 2 W1000, Washington, DC20591, Attention: Hearing Docket Clerk, AGC-430. !