In The Matter Of: 

### SERVED: May 19, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-1116 Pacific International Skydiving Center ) ) ) ) ) Case No. 2014WP130012 Respondent
PREHEARING CONFERENCEREPORT .-

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On May 17, 2016, the undersignedjudgeheld aprehearing conference inthe above captioned
case. Counsel for the Complainant and Respondent attendedthe conference telephonically. During the course ofthe conference, the parties discussed the belowlisted matters. 1. Venue The parties agreedthat Honolulu, HI, remains the appropriate venue for the hearing. 2. Discovery The parties agreed discovery has been completed inthis matter. 3. PendingMotions The parties agreed there are no pending motions currently awaiting decision inthis 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 ofthe hearing. ii. Responses to prehearing motions shall be filed within 30 days ofthe service ofthe motion. iii. Ifargument 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 bythe parties and submitted to the undersignedjudge at least 30 days before the hearing. c. Any subpoenarequests shall be submitted to the undersignedjudge at least 30 days before the hearing.d. Each party shall provide the undersignedjudge a CD containing digital copies of premarked versions ofall proposed exhibits at least 

### 30 days before the hearing.
e. The parties may, during the course ofthe hearing, requestthe opportunity to submit posthearing briefs pursuantto 14 C.F.R. § 13.231(c). 

### 5. Substantive Issues a. Counsel for the Complainant acknowledged they had alleged eightviolations 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 ofthe 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 anyparachute operations that may have occurred onthe alleged dates were conducted by independent contractors. 

### 6. Settlement The undersignedjudge encouraged the parties to continue to discuss possible settlement.
Pursuantto 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 inparagraph4.



# -z~ DOUGLAS M. RAW ALD Administrative Law Judge
Attachment: Service ListSERVICE 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 WilburWright 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 ofthe Regional Counsel, AWP-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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-1116 (Civil Penalty Action)

1 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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.