### SERVED: MAY 30, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### RADIO HOLLAND USA, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013

- 0286



### PROCEDURAL ORDER 1._1**~"'i** i I ", i

In order to expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are setforth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint (14 C.F.R. 

### § 13.209(a)). that a general denial is deemed a failure to file anAnswer(§ 13.209(e)), thatfailure to file an Answer without good cause is deemed an admission ofeach allegation inthe Complaint (§13.209(f)), andthat,·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 orinformation to admit or deny, eachnumberedparagraph ofthe complaint. Any statement or allegation contained inthe complaintthatis 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**seal~d)** also available for viewing athttp://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 other materials relatingto civil penalty cases, are available onthe internet at: http://www.faa.gov/ about/office_orglheadquarters_offices/ agc/pol_adjudicationl agc400/civil yenalty/; see also: http://ecfr.gpoaccess.gov/cgi/t/text/text-icb:?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. 1

### that allegation. A general denial ofthe complaint is deemed a failure to file an answer. 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 maybe effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is 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. Ifa party has a non-substantive matterto discuss, they should contact Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139 Qra.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [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 Houston, TX.; 2. On or before August 1, 2013, the parties shall conclude all discovery including, butnot limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to presentthis case at a hearing on or after August 1, 20134

, 

### subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming ina separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a scheduleto 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

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations 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 settlement negotiations. 4 14 C.F.R. § 13.221 states: "The adminis:trative 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 discuss those dates with Mr. Leibowitz and/or Ms. Matthews in order to getthe dates reserved on thejudge's calendar. 

### 2

### thereafter; and any rebuttal briefby the Complainant shall be filed seven (7).days thereafter. 5. Settled cases will not be removed from the hearing docket until the.proper written pleading(s), consistent withthe applicable rules, 5 

### is received by the presiding judge. 6


### 6. Theparties are advised that submissions sentto the street address ofthe U.S. DepartmentofTransportation, Office ofHearings, may be delayed due 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 "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnot 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.

Richard C. Goodwin U.S. Administrative Law Judge 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 or party may withdraw arequest for ahearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or aparty withdraws the request for ahearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, I991, at 1.


### 3**~----------------ll** lilt-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-Suite2W1000 1



### Jeanine Gotimer, Complainant's Counsel 

### Attorney, Office ofthe Regional Counsel Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3272 .FAX: 718-995-5699 ONE COPY



### Anacarolina Estaba, Respondent's Counsel 

### Gardere Wynne Sewell, LLP 1000 Louisiana, Suite 3400 Houston, TX 77002-5011 TEL: 713-276-5398 FAX: 713-276-6398 The Honorable Richard C. Goodwin,Administrative Law.Judge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-0286 (Civil Penalty Action)

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 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. · · 4

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