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 proceeding1 arises 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 ?rehearing Telephone 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 removed from the July 31 calendar, ... that the parties inrmediately enter into 

settlement discussions with the aim of resolving these matters," and that any "agreed settlement 

amounts would then be filed as claims in the pending bankruptcy proceeding."5 

1 Order of Chief Administrative Law Judge Establishing Joint Schedule and Consolidating for Hearing (May 14, 

2009), 

' Compl. (Dec. 18, 2008). 

' Request for Hearing (Dec. I 2, 2008). 4 Order of Chief Administtative Law Judge Adjourning Prehcaring Conference and Staying Proceedings at l 

(Aug. 13, 2013). 5 !d. at 1 n.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 Respondent had ceased 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 

each Complaint, 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 J on July 29, 20 13," 

in all!three cases.9 On August 13, 2013, the Judge issued an order in each proceeding, 

I 

adjoll(!ning the Preheating Telephone Conference in the above-captioned cases, staying 

proc~edings in all three cases until September 27, 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 of the 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 Respondent may appeal this decisiou pursuant to 14 C.P.R. § 13.233(a) by filing a Notice 

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6 ! ld at l. 1 ld at 2. 8 7d at 2 n.3. 

• Yd at 2 n.4. 

~/d at 2; Colgan Air, Inc., FDMS No. F AA-2009-0580, Order of Chief Administrative Low Judge Staying 

Proceedings at 1 (Aug. 13, 2013). 
of Appeal with the Hearing Docket Clerk, at the address shown on the attached service list, not 

later than 10 days after service of this Order, and serving a copy thereof on each party. 

SO ORDERED. 

Attachment • Service List 

-.)- ' 
FAA Docket Nos. CP09EA0002 & CP09EA0005 

(Civil Penalty Actions) 

SERVICE LIST 

ORIGINAL & ONE COPY 

F edeiial Aviation Administration 

800 Ipdependence Avenue, S.W. 

Washington, DC 20591 

Attenltiou: Hearing Docket 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 

F AXi 703-336-8750 

W. Cpyis Harrison, 

Counselji:Jr Pinnacle Airlines, Corp. 

In-House Counsel 

Pinnacle Airlines, Corp. 

40 S.iMain Street, 14th Floor 

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 

. "'!Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

A viatibn Administration, 600 Independence Avenue, S. W., Wilbur Wright Building- Suite 2 W 1000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

!