### SERVED: APRIL 24, 2014 U.S. DEPARTMENT OF TRANSPORTATION: OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF GREAT WESTERN AIR, LLC. 

### DOCKETNO. FAA 2014- 0114 (Civil Penalty Action).

PROCEDURAL ORDER '--**~** ,- r . - _;t-

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### In orderto expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• 

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

. 

### Those rules provide, inter alia, that the Respondent must file a written Answer ormotion withinthirty (30) days after service ofthe Complaint (14 C.P.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 motion not 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 or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied inthe 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.regulations.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 othermaterials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/ about/office_ org/headquarters

_offices/agc/pol_acijudicationlagc400/civi/__penalty/; see also: http://ecfr.gpoaccess.gov/cgilt/textltext-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/14tab

_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. 1f
that 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 consider the possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) 

### (1)). 

### NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this caseis assigned to the undersignedpresiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 

### 1. Venue shall be Las Vegas, NV.; 2. Onorbefore June 27, 2014, the parties shall conclude all discovery including, but not limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe 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 June 27, 20144
, subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a schedule to be determined at the hearing. For guidance; the following schedule is typically used: Complainant shall file its brieffifteen (15) days afterreceipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefbythe Complainant shall be filed seven (7) days thereafter.

3 "Thepublic policy offavoring and encouraging settlementmakes 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, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party 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 provide those dates to the court and/orMs. Matthews in order to getthe dates reserved on thejudge's calendar. 2

### 5. Settled cases will notbe 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, may be delayed due to screening conducted by the U.S. Postal Service and/or other security agencies and maytake up to four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service,**facsimile~** 

### or email. The certificate ofservice shall reflect the manner ofservice. Theparties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to besubmittedto the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 · U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to PatriciaMatthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin

. U.S. Administrative LawJudge

Attachment

- Service List
5 14 C.F.R. § 13.215 states: "At any time before or during ahearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing andthe answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: Inthe Matter ofLewis Drake & AssoCiates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Keny James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 3SERVICE LIST - BYU.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 2W1000 1

Mark J. Connor, 

### Respondent's Counsel Fox Rothschild, LLP 3800 Howard Hughes Parkway, Suite 500 Las Vegas, NV 89169 FAX: 702-597-5503 ONE COPY

Jeffrey M. Harper, 

### Complainant's Counsel Federal Aviation Administration Northwest MountainRegion, ANM-7 1601 Lind Ave, Southwest Renton, WA 98057 TEL: 425-227-2161 FAX: 425-227-1007 The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0114 (Civil Penalty Action)

I Service was by 

## u.s. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
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