### SERVED JUNE 24, 2011
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF AIR Z FLYING SERVICE,INC. FAADOCKETNO. CPlOSWOOlO (Civil Penalty Action) FDMS NO. FAA-2010-0974
AMENDED PROCEDURAL ORDER In orderto expedite the hearing inthis matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• The Ruies ofPractice for this proceeding are setforth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Under FAA Order 2150.3B and the 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.P.R. §13.16 (n) (1)). NOTE: This presiding Judge does notrequire "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, but are notrequired, serve discovery onthe undersigned. Thejudge will not discuss the case with any party, or its representative on an ex parte basis. Ifa partyhas a non-substantive matter to discuss, they should contact the judge's attorney-advisor, Mr. IraLeibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to thejudge's,Legal Assistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov).

1Materials filed in the FAA HearingDocket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/ about/office_ orgiheadquarters _offices/ age/pol_adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.govicgiltltextltext-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. · 3 See Linda Joyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 1 

# IThis case will not be heard prior to September I, 2011. WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venne shall be Cleveland, Ohio.; 2. The Order dated Aprilll, 2011 is VACATED; 3. On or before September 1, 2011, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or inten·ogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 4. NOTICE IS HEREBY GIVEN the parties shall be prepared to present this case at a hearing on or after September 1, 2011 4
, subject to the availability ofcourtroom facilities. 5. The parties will have the opportnnity to file Post-Hearing briefs and arguments pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 6. Settled cases will not be removed from the hearing docket nntil the proper written pleading(s), consistent with the applicable rules,5 is received by the presidingjudge.6 7. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed
14 C.F.R. § 13.221 states: "Theadministrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." 5 14 C.F.R. § 13.215 states: At anytime before orduring a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss theproceedings under this subpmt with prejudice. 6 See: Inthe Matter ofLewis Drake & Associates, FAADocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served Februmy26, 2005; citing KerryJames Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and TerminatingProceeding", servedJanuary 16, 1991, at I; In The Matter ofRobertHarris FAA DocketNo. CP03EAOOOI. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR, Inc., FAADocket CP90NE0359, Trans World Airlines. Inc., FAA Dockets CP90GL0085. CP90CE0110, CP90CE0114, CP90CE0134, Order of Administrative Law Judge Burton S. Kolko, served AprilS, 1992, p. 2. See "Order Dismissing Complainant's Appeal". InThe Matter ofRobertHarris. FAA DocketNo. CP03EA000l. OMS No. FAA2005-14, August 15,2005. 2due 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 "in·adiated", which affects the quality ofsubmissions. The parties are encouraged, butnotrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the marmer ofservice.

U.S. Administrative Law Jndge Attachment

- Service List

3(

FAADocket No. CP10SW0010 (Civil Penalty Action) CORRECTED SERVICE LIST 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 ONE COPY Laurence E. Rohl, Respondent'sRepresentative President/Director ofOperations,

Air Z Flying Service, Inc., Respondent 355 Richmond Rd., Hangar 5 Richmond Heights, OH 44143 TEL: 216-261-2992 FAX: 216-261-2993 Nicholas 

### R. Milliard, Complainant's Counsel Attorney, Enforcement Division, AGC-300 Office ofthe ChiefCounsel Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-3452 FAX: 202-267-5106 The Honorable Richard C. Goodwin,

Administrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 New Jersey Avenue, S.E. East Building Ground Floor, Room E12-320 Washington, DC 20590 TEL: Attorney-Advisor 202-366-2139 Legal Assistant 202-366-5121 FAX: 202-366-7536

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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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