In The Matter Of: 

SERVED: May 19, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2014-1116 

Pacific International Skydiving Center 

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Case No. 2014WP130012 

Respondent 

PREHEARING CONFERENCE REPORT 

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On May 17, 2016, the undersigned judge held a prehearing conference in the above captioned 

case. Counsel for the Complainant and Respondent attended the conference telephonically. 

During the course of the conference, the parties discussed the below listed matters. 

1. Venue 

The parties agreed that Honolulu, HI, remains the appropriate venue for the hearing. 

2. Discovery 

The parties agreed discovery has been completed in this matter. 

3. Pending Motions 

The parties agreed there are no pending motions currently awaiting decision in this case. 

4. Litigation Schedule 

The parties agreed to the following litigation schedule: 

a. Prehearing motions 

1. Any motions shall be filed at least 75 days before the date of the hearing. 

ii. Responses to prehearing motions shall be filed within 30 days of the service 

of the motion. 

iii. If argument is requested by a party, a telephonic conference for argument on 

prehearing motions will be held 30 days before the hearing. 

b. Complete witness and evidence lists shall be exchanged by the parties and submitted 

to the undersigned judge at least 30 days before the hearing. 

c. Any subpoena requests shall be submitted to the undersigned judge at least 30 days 

before the hearing. 
d. Each party shall provide the undersigned judge a CD containing digital copies of 

premarked versions of all proposed exhibits at least 30 days before the hearing. 

e. The parties may, during the course of the hearing, request the opportunity to submit 

posthearing briefs pursuant to 14 C.F .R. § 13.231 (c). 

5. Substantive Issues 

a. Counsel for the Complainant acknowledged they had alleged eight violations of 

14 C.F.R. § 105.17 in addition to residual violations of 14 C.F.R. § 91.13(a). The 

Complainant did not consider these residual violations in assessing the amount of the 

proposed civil penalty. 

b. Counsel for the Respondent stated his intent to challenge the Complainant's prima 

facie case as well as raise the affirmative defense that any parachute operations that 

may have occurred on the alleged dates were conducted by independent contractors. 

6. Settlement 

The undersigned judge encouraged the parties to continue to discuss possible settlement. 

Pursuant to 14 C.F.R. § 13.205(a)(6) and§ 13.217(d), IT IS HEREBY ORDERED that the 

parties shall adhere to the litigation schedule described above in paragraph 4. 

-z~ DOUGLAS M. RAW ALD 

Administrative Law Judge 

Attachment: Service List 
SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

ONE COPY 

Robert L. Feldman, Respondent's Counsel 

8900 SW 107th Avenue, Suite 203 

Miami, FL 33176 

TEL: 305-598-4841 

FAX: 305-598-4842 

Don Bobertz, Complainant's Counsel 

Office of the Regional Counsel, A WP-7 

Federal Aviation Administration 

Western-Pacific Region 

P. 0. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-3454 

FAX: 310-725-6816 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2014-1116 

(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 2Wl000, Washington, 

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