SERVED MAY 17,2010 

U.S. DEPARTMENT OF TRANSPORTATION ^'^ ^^Ji^^§^^ ^ 

OFFICE OF HEARINGS ' ''' ' 

WASHINGTON, D.C. v ,^ A Q: 32 

IN THE MATTER OF 

CLARE ELAINE SPEARING, 

Respondent. 

FAA DOCKET NO. CP10EA0003 

(Civil Penalty Proceeding) 

DMSNO.FAA-2010-0313 

ADMINISTRATIVE LAW JUDGE'S PREHEARING 

ORDER ESTABLISHING PROCEDURES 

This case has been assigned to me for the conduct of the hearing and 

other procedural steps as prescribed by the Department's Rules of Practice in 

FAA Civil Penalty Cases. The full text of the Rules of Practice is found in 

14 C.F.R. §§ 13-201-13.235.' In order to expedite the consideration and 

disposition of the issues, the following principles and procedures will be 

followed: 

1. Appearances. Each party is required to send me as promptly as 

possible, a notice of appearance of the person or persons who will represent 

that party during this proceeding. The notice should include the 

representative's name, mailing address, telephone number, telefax number, 

and e-mail address. The appearances should be kept current. 

2. Filing. All documents that the rules require to be filed with FAA 

Dockets should be sent to: 

The Rules of Practice, as well as other materials relating to civil penalty cases, are available on the 

Internet at 

http://faa.gov/about/ofFice org/headquartersoffices/agc/pol adiudication/AGC400/Civil Penalty/. 

Mii 
Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000^ 

A copy of each document should also be sent to me and to the person 

representing the other party to the case. 

3. Mail. Although the Procedural Rules provide for service of papers 

by mail, the punctuality of the U.S. Postal Service's delivery to offices in the 

Department is uncertain. When you send any document (either one required 

or permitted to be provided directly to the administrative law judge or a copy 

of a document required to be filed with FAA Dockets) to me, you should use 

a private delivery service, e-mail or telefax. My contact information is: 

Hon. Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

E-mail: david.benkin@dot.gov 

Telefax: (202) 366-7536 

4. Answer. The Procedural Rules require the Respondent to file an 

answer to the complaint within 30 days after the complaint was served. If 

the Respondent fails to submit a timely answer and does not show good 

cause for the delay, the failure may be deemed an admission of the truth of 

each allegation contained in the complaint. See § 13.209(f) of the Rules of 

Practice. 

5. Time and place of the hearing. Subject to the availability of 

facilities, I plan to conduct the hearing in New York, NY on July 27, 2010. 

If either of the parties wishes to change the date or place of the hearing, 

please so advise me within the next 30 days. 

^ Only if sent by U.S. Postal Service. Serve in person or by expedited courier to Federal Aviation 

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

D.C. 20591; Attention: Hearing Clerk, AGC-430. 
6. Extensions of time. If you plan to seek an extension of the 

deadline to file a document or take an action or of the hearing date, please 

first contact the person representing the other party to find out whether there 

will be an objection to the request. Also, seek to secure agreement on an 

alternate date and time that is acceptable to all parties. I normally accept a '"• 

representation that there is no objection to such a request. 

7. Dispositive motions. A motion for judgment on the pleadings, a 

motion for summary judgment or any other dispositive motion will not be 

considered unless it is filed more than 30 days before the scheduled date of 

the hearing. 

8. Discover/. Discovery should begin promptly. It should be 

completed within 45 days from the date this order is served. The deadline 

for completion of discovery may be extended only for good cause shown. If 

a party objects to one or more discovery requests, it may file a motion for a 

protective order, attaching or incorporating only the discovery request or 

requests to which it objects. If a party is dissatisfied with a response to 

discovery, it may file a motion to compel, attaching or incorporating only 

the discovery request to which its motion relates. 

9. Exchange of witness lists and proposed exhibits. Not later than 

two weeks before the beginning of the hearing, Le^, on or before July 13, 

2010, parties are required to exchange lists of their witnesses, together with 

a brief statement of the subject matter on which each witness will testify. In 

the case of an expert witness, a resume of the witness's relevant education, 

training, experience, and other qualifications shall be furnished. In addition, 

parties are required to exchange copies of documents they intend to offer in 

evidence. A copy of the proposed exhibits and witness lists should be sent 

to me at the same time it is served. 

10. Settlement. I encourage the parties to settle the case if it is 

possible to do so. The parties should discuss the possibility of settlement as 

soon as possible and again once discovery is completed. If a settlement is 

reached, the parties should notify me as soon as possible. I cannot remove 

the case from the hearing docket, however, until I have received a written 

withdrawal of the complaint executed by the Complainant or a written 

withdrawal of the request for a hearing executed by the Respondent. 
11. Contacts with the judge. I cannot and will not discuss the case 

with any party, or its representative, on an ex parte basis. If a party has nonsubstantive matters it wishes to discuss, please contact my attorney-advisor, 

Mr. Ira Leibowitz. His telephone number is (202) 366-2139. 

IT IS SO ORDERED. 

Isaac D. Benkin 

Administrative Law Judge 
FAA DOCKET NO. CP10EA0003 

(Civil Penalty Action) 

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^ 

ONE COPY 

Clare Elaine Spearing, Respondent 

703 Atlantis 

5 Parliament Street 

Hamilton HM 12 

Bermuda 

Cliristian L. Lewerenz, Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3273 

FAX: 718-995-5699 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-3 20 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' 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 2W1000, Washington, 

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