SERVED FEBRUARY 28, 2011 

-h^RIJvlENTOF 

U.S. DEPARTMENT OF TRANSPORTATION : v';ri?^^l¥!5!': 

OFFICE OF HEARINGS 

WASHINGTON, DC 

"T OFERATiONS 

P ]•• 59 

IN THE MATTER OF 

WESTMARK INDUSTRIES, INC. 

FAA DOCKET NO. CP06NM0008 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0062 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow'. The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations^. 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the Complaint CI 4 C.F.R. § 13.209ra)). that a 

general denial is deemed a failure to file an Answer (§ 13.209(e)), that failure to file an 

Answer without good cause is deemed an admission of each allegation in the Complaint 

(§ 13.209(f)), and that, absent agreement of the 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, 14CFRS 13.209(e) states: 

A person filing an answer shall admit, deny, or state that the person is without 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at http://www. regulations, gov. 

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

http://wwwjaa.gov/about/officej3rg/headquartersjoffices/agc/pol_adjudication/agc400/cml_penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tab_02.tpl. In 

addition, Thomson ReutersAVest 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 
' ; 

Under FAA Order 2150.3B 

Agency attorney and the Respondent 

settlement and compromise of this mai 

without a finding of violation (14 CF 

•these proceedings, the 

iider the possibility df 

ly be effected with or 

NOTE: This presiding Judge 4j 

Judge. Other Judges have different po 

undersigned presiding Judge the partiei 

undersigned. 

The judge will not discuss the 

parte basis. If a party has a non-subi 

judge's attorney-advisor, Mr. Ira Lei 

Administrative matters may be addresi 

[202-366-5121] (Patricia.Matthews@di 

WHEREFORE, the parties be^aliltli 

following procedural schedule: * "" 

1. Venue shall be Portland, OR.; j f ^.d^iffv./ls »•. 

2. Qn or before May 1,2011, the 

not limited to, depositions, doi 

requests and/or interrogatories 

they shall submit the dispute to 

manner; 

3. NOTICE IS HEREBY GIVENyiJ 

at a hearing on or after May 1, f 0-

facilities. 

4. the parties vAW have the oppqi 

pursuant to a schedule to be de^ 

loJUowing schedule is typipally 

jlays after receipt of the ti^nscj 

hereafter; and any rebuttal brieff 

days thereafter. 

Settled cases will not be remo 

written pleading(s), consistent 

I)i*sfdingjudge.^ 

See Lin<j[;i Joyce Goodman. FAA DocH«t No, 

' 14 Cifci.| 13.221 states: "The admptnirf 

the date, ti^l and location of the hearitig." 

:'14 C.f'|C!|^)^.215 states: At any timfe befiw^i 

* compiajiilor pity may withdraw a request for i"' 

'l^fecovery" to be served on the 

lathis case is assignedtc> the 

|Cli$ed, serve discovery on the 

or its representative on an ex 

s, they should contact the 

139 (Ira.Leibowitz(^j^.govy 

Assistant, Pat Nlaraiews 

D to adhere to the 

rt« if'.-.' 

Jill discovery inclqydjing, but 

nses to producf|pf|ii 

solve a ( 

iciolution inatifiiil 

•h'k' 

Ip^pared to pres^xt this ease 

availability of courtroom 

briefs and ttl^|||ients 

ForguidiS«(jei;lBp':.. 

Iileitsbfi^^^^<15) 

i^ iMief fifteen (i^M^s 

IHmt shall be filed se^^^P^ 

ijocket until the f>roj^ 

1^/is ressixeji'by]^f 

[Hy 30.1919. ,^4 . 

9tleist^di^|jBtibeof 

«ttonxey way-jw|ii|^A 

it of tiie admini»ti»IJVi^w 
6. The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, 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 of submissions. The parties are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect the manner of service. 

Richard' 

U.S. Administrative Law Judge 

Attachment - Service List 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerrv James Eldridge. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders 

dated October 18,2004 and October 27, 2004. USAIR. Inc.. FAA Docket CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complamant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15, 2005. 
mmm Tf^^mm 

t.. 

; ^.•hi}>Mt.4fi^ik. i^iWA^ Docket No..<#fip^0008 

I i t #'t^P^5lfe<<5iiwl Penalty Aoti«s|i;-^ ^ 

OBH 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerl 

Wilbur Wright Bull^ 

Michael Offer, Owner 

Westmark Industries, Respondent 

6701 S.W. McEwan Road 

Lake Oswego, OR 97035-7815 

TEL: 503-620-0945 

FAX: 503-639-6749 

ii-,iii-l ^ ' 

Carey W. Terasaki, Complainant's 

Northwest Mountain Region, ANM-t 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98055-4099 

TEL: 425-227-2591 

FAX: 425-227-1007 

The Honorable Richard C. Groodwin,]y4jj 

Office of Hearings, M-20 \ 

U.S. Department of Transportation • 

1200 New Jersey Avenue, S.E. . ,^ . 

East Building Ground Floor, Room Bl!!|^:3^lS|ftf,;'^\ 

Washfe^on, DC 20590 | ' ' I' " 

TEL:: 202-366-2139 Attomey-Adviior. ^ -^^^mS" ^ "" 

202-366-5121 Legal A^iStaf^ :^^;Ki^^pi£'^^fa ' 

FAX: •202-366-7536 ' '^ •^#^^1^*^^^''*" 

Imw Judge 

' Sef^jWBsby U.S. Mail. For serv||f in 

" iion Administration, 600 

2W10W. Washington, DC 20591; Attention 

, Wright 

Ack;-43o.