SERVED: APRIL 13, 2012 

OEPARTMENTOF 

U.S. DEPARTMENT OF TRANSPORTATION ;:"';;NL"''''0^1^ATiON ^ 

OFFICE OF HEARINGS -^^"^^' OFcRATIONS 

WASHINGTON, DC 

IN THE MATTER OF 

WESTOVER CORPORATION 

FAA DOCKET NO. jTO BE ASSIGNED] 

(Civil Penalty Aciioii) 

FDMS NO. FAA-20I2 - 0200 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter, the parlies sliall 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 aha, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the Complaint fJ4 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 

(ij 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, 14CFR § 13.209 (e) slates: 

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 ihat 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 2I50.3B and the Rules governing these proceedings, the 

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

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

for viewing at htii?.//www.refiiilotions.Rov. 

^ 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 oti the internet at: 

hflp://\v\v\\Kfaa.iio\'/iib<mi/ojficc_org/head(ii(cnlersji>ffites/agc/pi}l_(Hijiu{icM{iofi/(igc^ see 

also: http://ecfr.gpoaccess.go\'/cgi/i/texi/text-idx?c=ecfr&tpl=/ecfrhrowse/Tillel4/}4lab_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 
seltlemcnl and compromise of this matter.' Compromise may be effected with or 

wilhout a finding of violation (14 C.F.R. j^l3.16 (n) (D). 

NOTE: This presiding Judge docs not require "Discovery" to be served on the 

Judge. Other Judges have different policies, but as long as this case is assigned to the 

undersigned presiding Judge the parties may, biu are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party,** or its representative on an ex 

parte basis- If a party has a non-substantive matter to discuss, they should contact the 

jvidge's auovncy-advisov, Mr. Ira Lcibowit/ at (202) 366-2139 (lra.Lcibowitz@dot.gov). 

Administfiilive matters may be addressed to the judge's, Legal Assistant, Pat Matthews 

[202-366-51211 (Patricia.Matthews@dot.gov). 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Denver, CO; 

2. On or before July 1, 2012, the parties shall conclude all discovery including, but 

not limited to, depositions, document production, responses to production 

requests and/or interrogatories. If the parties cannot resolve a discovery dispute 

ihcy shall submit the dispute to the undersigned for resolution in a timely manner; 

3. The parties shall be prepared to present this case at a hearing on or after July 1, 

2012 , subject to the availability of coutlroom facilities. The specific date andtime for the hearing will be forthcoming in a separate Order. 

4. The parties will have the opportunity to file Post-Hearing briefs and arguments 

pvirsuant to a schedule to be determined at the hearing. For guidance, the 

following schedule is typically used: Complainant shall file its brief fifteen (15) 

days after receipt of the transcript; Respondent shall its brief fifteen (15) days 

thereafter; and any rebuttal brief by the Complainant shall be filed seven (7) days 

thereafter. "• . " 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

•* "'The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

setllemenl negolialions in order lo foster frank discussions". (Fiberglass Insulators. Inc. v Dupuy, et al, 

(856 F. 2d 652. 26 Fed. R. Evid. Serv. 1223. 1988. See also Coakley & Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349. 1992; 2 McCormick on Evid. 

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of ihe Federal Rules of 

Evidence ".. .prohibits the admission of slalements made in compromise negotiations...'" (In the Matter of 

Africa Air Corporation. FAA Order No. 99-5). "Rule 408's public policy purpo.sic of encouraging frank 

settlement discussions is as compelling in FAA civil penally proceedings as it is in Federal Trials. Hence, 

iib guidance will be followed in these proceeds." (Id.) 

^ 14 C.F.R. § 13.221 Slates: "The admini.sirative law judge shall give each parly at least 60 days notice of 

the dale, lime and location of the hearing." 
5. Settled cases will not be removed from the hearing docket inilil the proper written 

ptcading(s), consistent with the applicable iiiles,*' is received by the presiding 

JLldgC.^ 

6. The parties arc advised thai submissions sent lo the street address of ihe 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 

"iiradiated", which affects the quality of submissions. The parlies are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect Ihe manner of service. 

The parties are encouraged to provide email addresses lo expedite service of 

pleadings. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency atlorney 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 Uwis Drake & Associates, FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379,'"Order Terminating Proceeding", served February 26.2005; citine, Kerry James Eldridge, FAA 

Docket CPS9GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at I; In The Matter of Robert Harris FAA Docket No. CPQ3EA0001. DMS No. FAA-2002-14236.. Orders 

dated October 18,2004 and Ociobcr 27, 2004. USAIR, Inc.. FAA Docket CP9QNEU359. Trans Woild 

Airlines. Inc.. FAA Dockets CP90GL0fJ85. CP90CE0I 10. CP9DCEni 14. CP90CE0I34, Order of 

Administrative Law Judge Burton S. Koiko, 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. 
FDMS No. FAA-2012-0200 

(Civil Penalty Action) 

SERVICE LIST 

ORICrNAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Howard Bittnian, Respondent's Counsel 

P.O. Box 4370 

113 Spruce Street 

Boulder, CO 80306 

TEL. 303-444-8349 

FAX: 303-444-1089 

Courtney Adolph, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Western-Pacific Region, AWP-7.4 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7128 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant/Paralegal 

FAX: 202-366-7536 

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

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 2059K Allention: Hearing Docket Clerk, AGC^30.