SERVED: AUGUST 13, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTERS OF 

COLGAN AIR, INC. 

FAA DOCKET NOS. CP09EA0002 AND CP09EA0005 

(Civil Penalty Actions) 

FDMS NOS. F AA-2009-0025 AND F AA-2009-0028 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ADJOURNING PREHEARING CONFERENCE AND STAYING PROCEEDINGS 

By notice served June 11, 2013, a Prehearing Telephone Conference was set for 

Wednesday, July 31, 2013, at 2:30 p~m., Eastern Time, with all documents exchanged but not 

previously provided to be received by Wednesday, July 24, 2013. By Letter faxed to 

Complainant's Counsel and the Judge on July 26, 2013,1 Respondent's Com1sel suggested the 

parties "jointly request that these cases be removed from the July 31 calendar, ... that the parties 

immediately enter into settlement discussions with the aim of resolving these matters;" and that 

any "agreed settlement amounts would then be filed as claims in the pending bankruptcy 

proceeding, along with the $22,000 civil penalty ... assessed against [Respondent]" in the case 

docketed as FDMS No. F AA-2009-0582.2 

During the Judge's status call to counsel on July 29, 2013, both sides acknowledged that~ 

with Respondent having ceased operations, nothing would be gained from a hearing in either case 

or the third remaining case concerning Respondent, docketed as FDMS No. F AA-2009-0580. 

1 We suggest that "parties who serve submissions on the Judge by regular mail should also fax, express carrier, or 

personally deliver those submissions," see, e.g., FDMS No. FAA-2009-0025, Order of Chief Administrative Law at 3 

(Feb. 19, 2009); facsimile is not an authorized method of filing or service, see§§ 13.210(a), 13.2ll(b). 

2 Attachment 1 at 2. 
Therefore, the parties stipulated to cancel the prehearing conference and stay all proceedings for 

60 days, at which time, absent earlier settlement, the Judge could order a civil penalty in each 

case. Later on July 29, Complainant's Counsel faxed a letter to Respondent's Counsel and the 

Judge, transmitting a proposed order, to be signed after 60 days, memorializing the parties' 

agreement, assessing the civil penalty sought in each Complaint, and dismissing each proceeding 

·with prejudice.3 On August 5, 2013, Respondent's Counsel faxed and mailed a letter to the Judge 

and Complainant's Counsel, stating that Respondent was "agreeable to entry of the order 

submitted to [the Judge] on July 29, 2013," in all three cases.4 

· For good cause shown, the request is granted. The Prehearing Telephone Conference, I 

postponed on July 29, 2013, is adjourned and the proceedings are stayed. Absent notification of 

settl~ment in the three cases on or before September 27,2013, an order may issue in any unsettled ; . 

case, deeming the allegations of the Complaint admitted, and the Complaint shall become an Order ajssessing a civil penalty in the amount sought. 5 

I 

SO ORDERED. 

4 Attachments 

1. Jetter to Complainant's Counsel (July 26, 2013) (Dombroff, R.C.), 3 pp. 

2. r.etter to Respondent's Counsel (July 29, 2013) (Lewerenz, C.C.), 3 pp. 

3. Letter to Chief Administrative Law Judge (Aug. 5, 2013) (Dombroff, R.C.), 1 p. 

4. Service List 

3

jAttachment 2 at 2. 4

)Attachment 3. 

5

i See Colgan Air, Inc., FDMS No. F AA-2009-0580, Order of Chief Administrative Law Judge Staying 

Proceedings at 2 (Aug. 13, 2013). 

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JUL-26-2013 16141 DCJ1BROFF GILMORE 

Albany 

Alton Ill 

an.-Ja 

o.mter 

LGsMQeles 

Miami 

New YOlk 

FACSIMILE TRANSMITI' AL 

To: Name/Company 

Christian Lewerenz, Bsq 

FAA 

McKenna Long 

&: AJdridgew 

1 11 Washington Awnve • 7" Floor 

Albany, ;NV 12210 

Tel: 618.1135.2400 • Fex: 518.482.48'15 

mckennlllong.com 

Fax. No. 

718-99~99 

The Honorable Ronnie A. Yoder 202-366-7536 

Chief Administrative Law Judge 

From: Mark A. Dombroff 

Phone: 703.336.8700 

Re: Colgan Air 

FAA Docket No. CP09EA0002 & CP09BA005 

Number of Pa&es (including eover): _3_ 

CO)tMEN'I'S 

'7033368751 P.01/03 

NOIIII'"' VII'Qlnte 

Ol'lfiGtC~ 

l'llllello8lnllll'e 

881'1~ 

Slllll'rlllci'IQO 

Sllllul 

Wutt(f181Dn, DC 

Date: July 26, 2013 

Phone No. 

~enti!Hty Not!y The Information comained in this facaimile is legally privileged. and c:onfidentiallnformation Intended. only fin' the use of tho 

individual or entity named above. If the tea4CT of thla meuase Ia not the Intended recipient, you. are heroby notified that anY 

dlsscmlnailon, distribution or copy of this celeeopy Is svlctly prohibited. If you have receiwd ChiS 1eleeopy in error, please 

immediately notify u.s by telephone and return .the qlnel message to u.s at the ad4resa above. Thaak )'OIL 

lftransmissioa is unclear or incomplete, please eall seader at the above pbone niunber. 

Attachment 1 

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JUL-26-2013 15:41 DOMBROFF GILMORE '7033368751 P.02/03 

I Albany 

1 AUanla 

I Brussels 

1 Denver 

McKenna Long . &Aldridgeru 

16761ntemallo1'131 Crtve • Penltlouse 

Md-un,VA 22102 

i.oiiAnQeiOI 

Ml1nol 

-VOii< 

Tel: 703;336.8800 · mokennatonti.COIYI 

Nanlletrl Vlrglllf8 

Oninge CouniY 

Rancho 8111111 Fa 

S.nOilgO 

San Ftanc:lsco 

WMfllt1;Um, -DC 

MARK A. DOMBROA" 

703.336.8700 

VIA FACSIMILE (718-995-5699) 

Christian L. Lewerenz, Esq. 

Office of Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica., NY 11434 

July 26, 2013 

Rc: Colgan Air, Inc. . FAA Docket Nos. CP09EA0002 and CP09EA0005 

Dear Mr. t.ewerenz: 

As you know, a Preheating Scheduling Conference has been set for July 31, 2013, at 2:30 

p.m. before Judge Yoder in FAA Docket Nos. CP09EA0002 and CP09EA0005. Given the fact 

that Colgan Air, Inc. ("Colgan") is currently in bankruptcy, we respectfuUy suggest that the 

parties jointly request that these cases be removed from the July 31 calendar, andtbat the parties 

immediately enter into settlement discussions with the aim of resolving these ro.attcra. The 

agreed settlement amotmts would then be filed as claims in the pending bankruptcy proceedhlg, 

along with the $22,000 civil penalty that has been assessed against Colgan in FAA Docket No. 

CP09EA00018. We note that our recent review of the Pinnacle Airlines Corp. bankruptcy 

docket in the Southern District ofNew York, Bankruptcy Petition# 12-113434-reg,, did not 

locate any reference to a filing with respect to the civil penalty in Docket No. CP09BAOOO 18. . . 

Please let us know if this cow:se of action meets with your approval If so, we will 

prepare a joint request to Judge Yoder. 

Attachment 1 

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JUL-26-2013 16=41 DOMBROFF GIL~ 

Christian L. Lcweten%., Esq. 

July 26, 2013 

Page2 

7033368751 P.BJ/03 

Should you have any questions regardinJ this proposal, please to not hesitate to contact 

cc: Heather French, Esq. (hcathcr.french@faa.gov) 

The Honorable Ronnie A Yoder, 

Chief AdminiStrative Law Judge 

Fax: 202-366-7536 

Attachment 1 

-5-

TOT~ P.03 
JUL. 29. 2013 3:56PM F A A REGIONAL COUNSEL, AEA-7 NO. 7571 P. 2/3 

1613 JUL 2q P 5- 59 

U.S. Department 

of Transportation 

Federal Aviation 

Adminlstndlon 

Telephone FacslmUe 

July 29, 2013 

Eastern Reg1o11 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

Room E12-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Tel: 202-366-2142 

Fax: 202-366-7536 

Judge Yoder: 

Re: In the Matter of Colgan Air, Inc.; 

CP09EA0002, -0005,-0016. 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NewYork 11434 

Fax: 718-995-5699 

Tel: 718-553-.3273 

e-Mall: christlan.lewerenz@faa.gov 

This Is to confirm that the Complainant concurs ~ Respondent's request to cancel the · 

prehearlng conference currently scheduled for July 31, 2013. This Is to allow for addHional time to 

reach a settlement In these cases. In the event no settlement ts reached by September 27, 2013, 

the Complainant requests that that in each case an Order of CMI Penalty be entered. 

Sincerely, 

Alfred R. Johnson 

:~-<' ChffstianLe 

Attorney 

cc: Mark A Dombroff, Fax: 703.-336-8751 

1 

Attachment 2 

-6-
JUL. 29. 2013 3:56PM F A A REGIONAL COUNSEL, AEA-7 

UNITED STATES OF AMERICA 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

COLGAN AIR, INC. 

FAA DOCKET NO. CP09EA0002,-0005, -0016 

(Civil Penalty Action) 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

DEEMING ALLEGATIONS ADMITTED AND 

ASSESSING CML PENALTY 

NO. 7571 P. 3/3 

On July 29, 2013, Complainant and Respondent agreed In a conference with the Chief 

Administrative Law Judge to cancel a July 31, 2013 Prehearlng Conference for the purpose of 

conclUding the settlement of these cases. Respondent was Involved In a bankruptcy proceeding. 

The parties further agreed that at the end of a 60-day period· or by a specified date, were no 

settlement to be reached In these cases, alternatively the Chief Administrative Law Judge would 

enter an Order of CMI Penalty In eac;h of these cases. 

The 6Q-day period and the specified date, September 27, 2013, have each passed without a 

notice recalved from the parties that these cases have been settled. 

As a result and by prior agreement between the parties, the undersigned hereby ordera that the 

allegations in each Complaint are deemed admitted, a cMI penalty in the amount sought In each 

Complaint Is assessed against the Respondent, and each proceeding Is dismissed with prejudice. 

SO ORDERED. 

Hon. Ronnie A. Yoder 

Chief AdministratiVe L.Bw Judge 

Date 

2 

Attachment 2 

-7-
JUL. 29. 2013 3:56PM F A A REGIONAL COUNSEL. AEA-7 

To: 7if'£ . 1/oN. 

Ccmpany: 

Phone: 

l?oA!N~ A· yot:J£n,. 

a::IT -¢)r;=fct£ ~ NRfiZ{NGS 

2m-- 'J'G-'2tl.f L 

Fax: "2o2-- '3 GG- /53c;.. 

From: (!_. ~~3:. 

Title; /f"(rD~ 

Date: 7-2-'7- t3 

Pages: 3 

NO. 7571 P. 113 

Federal Aviation 

Admlnlstratlon 

R69fonal Ccl..1156rs Of1lc::e 

1 Avfalion PIP.Za, Aoom 561 

. JamBica, NewYorJ( 11434 

T 718-553-

F 71 B-996-5699 

Ename 

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CONFIDENTlALITY NOTICE 

This facsimile and the document(s) accompanying this facsimile transmission c011tain confidential 

information that is legally privileged. The infonnatlon is intended only for the use of the recipient 

named above. If you have received this facsimile in error, please immediately notify thls office by 

telephone. You are hereby notified that ll1lY disclosure, copying, dis!:!'ibution. or taking any action in 

1 

reliu.nce on the content of this facsimile info:zmn!ion is strictly prohibited. 

Attachment 2 

-8-

. I 
Albany 

Atlanta 

Brtmels 

Denver 

Los Angeles 

Miami 

New York 

McKenn~ Long &AldndgeLLP tte~·~r:''"" '"''' ':':"·' '>:'tll-~nal Drive • Penthouse · ·· · . ' .. ' . '· Mtlean, VA 221 02 

Tel: 703.336;8800 

ZOIJ AUG 1 3 A l: ~kennalong.com 

MARK A. OOMBROFF 

703.336.8700 

VIA FACSlMILE AND FIRST CLASS MAIL 

The Honorable Ronnie A. Yoder 

Chief Administrative taw Judge 

U.S Department ofTra,nsportation 

Office of Hearings, M-20 

Room El2-320 _. 

1200 New Jersey Avenue, S.E. 

~aslpngton, D.C. 20590 

Re: Colgan Air, Inc. 

August 5, 2013 

FAA Docket No. CP09EA0002, -0005, -0016 

Dear Judge Yoder: 

Our client is agreeable to entry of the order submitted to you on July 29; 2013, irt the 

above-referenced matter. 

Northern Virginia 

Orange County 

Rancho Santa Fe 

San Diego 

San FranciscO 

Washington, DC 

We look forward to achieving a resolution of these matters with the Federal Aviation 

Administration and advising you of such. 

Thank you for your patience. 

i· 

MAD 

cc: Chris Lewerenz 

Attachment 3 

-9-
FAA Docket Nos. CP09EA0002 & CP09EA0005 

(Civil Penalty Actions) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Was~ngton, DC 20591 

Attelittion: Hearing Docket Clerk, AGC-430 

· Wilbur Wright Building-Suite 2Wl0006 

ONE COPY (VIA FIRST CLASS MAIL, FOLLOWING FAXED COURTESY COPY) 

Mark A. Dombroff, Respondent's Counsel 

McKenna Long & Aldridge, L.L.P. 

1676 International Drive- Penthouse 

McLean, VA 22102 

TEL: 703-336-8700 

FAX: 703-336-8750 

W. Chris Harrison, 

CorunselforPinnacle Airlines, Corp. 

In-House Counsel 

Pinnacle Airlines, Corp. 

40 S; Main Street, 14th Floor 

Meniphis, TN 38103 

TEL: 901-348-2483 

Colgan Air, Inc., Respondent 

One Commerce Square 

40 S. Main St. 

Memphis, TN 3 81 03 

Christian L. Lewerenz, Complainant's Counsel 

Office of the Regional Counsel, EAL-7 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3273 

FPLX: 718-995-5699 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department ofTransportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FPLX: 202-366~7536 

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

Aviat~on Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

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

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