### SERVED: JANUARY 10,2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC.

IN THE MATTER OF 

### AERO MICRONESIA FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0468


### AMENDED PROCEDURAL ORDER In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule setforth hereinbelow1

. The Ru1es ofPractice for this proceeding are set forth 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 ·withinthirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)), 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 ofeach allegation il'). the Complaint (§13.209(f)), and that, absent agreement ofthe parties, aparty 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 GFR § 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 ofthe complaint. Any statemen.t or allegation contained inthe complaintthat is not specifica.J,ly denied in the answer may be deemed an admission ofthe truth of

1Materials filed inthe FAA Hearing Docket (except those under seal) also.available for viewing at httv,'/lwww.regulations.goy, For**additiona~** information see: ht{rxlldms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe dedsions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www.faa.govl about/ office_orglheadquarters_offices/ age/pol_adjudication/ agc4001civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecjr&ipl=!ecjrbrowse!Title14114tab

_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 infoimation, 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**proc~edings,** 

### the Agency attorney and the ;Respondent are**e~couraged**

### to consider the possibility of**se~tlement an~**  

### compr?1n1se ofthis matter. Compromise may be effected with or wtthout a findmg ofvl0lation(14 C.F.R. §13.16 (n) (1)). NOTE: 

### This presiding Judge does not require "Disco.very" be served on the Judge

.. Other**Ju~g~s** 

### have differentpolicies, but as long asthis case is assigned to the undersigned pres1dmg Judge the parties may, but are not required to, serve discovery on the undersigned.

. Thejudge will not discuss the case with any party, or representative on an ex parte basis. Ifa party has anon-substantive matter to discuss, they should contact Mr. 

### Ira Leibowitz, Attorney/Advisor (202) 366-2139 (Ira.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 ORDER:eD to adhere to the following procedural schedule: 1. · 

### Venue shall be Honolulu, HI.; 2. On or before March 29, 2013, the parties shall conclude all discovery including, but not limited to, depositions,**doc~ent**

### production, responses to production requests and/or interrogatories. Ifthe .parties.cannotresolve a discovery dispute they shall submit the dispute to the undersigned forresolution in atimely manner;' 3. The parties shall be preparedto presentthis case at ahearing on or after March 29, 20134

, 

### subject to the availability ofcourtroom facilities. The specific date and time for the healing will be forthcoming in a separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a schedule to be determined at the hearing. For guidance, the following schedule is typically used:**Comp~ainant** 

### 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. Y Dqpuy,**~56** F. 2d 652,653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure:**Evid~nce,** §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made mthe course of settlementnegotiations. · . 414 C.F.R. § 13.221 states: "The administrative lawjudge s:Qall give each party at least 60 days nottce 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 get the dates reser-Ved 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 with the 

### applicable rules, 5 

### is received·by the presiding judge. 6 · 

### 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, 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, but not required, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties. are encouraged to provide email addresses to expedite service of pleadings.

# Rl~winc,~ 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 without**~e** consent ofthe**administrati~e.law** judge. Ifan agency attorney withdraws the complaint or aparty w1thdraws the request for a hearmg and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpartwith prejudice." 6 See: In the Matter ofLewisDrak;e & Associates, FAA Docket No. CP03S00045, DMS. No.**FAA~2003-** 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldri.dge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding'', served January 16, 1991, at 1.
3CORRECTED 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 2WI000 1

David M. Kirstein Lyndsey M. Grunewald ONE COPY

Kirstein & Young, PLLC, 

### Respondent's Counsel 1750 K Street, N.W., Suite 200 Washington, DC 20006 TEL: 202-331-3348 Fax: 202-331-3933 Michael R. Quinn, President Aero Micronesia, Inc. dba Asia Pacific Airlines, Inc., 

### Respondent 156 Diablo Road, Suite 203 Danville, CA 94526 TEL: 925-362-4430 FAX: 925-362-4432 Don Bobertz, 

### Complainant's Counsel Office ofthe Regional Counsel, AWP-7 POBox 92007 Los Angeles, CA 90009-2007 TEL: 310-725-3454 FAX: 310-725-6816 The Honorable Ronnie A. Yoder, 

### Chief Administrative Law Judge U.S. Department ofTransportation Office ofHearings, M-20 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536

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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.