### SERVED: July 16, 2014 

# ··.**~qr :_~-.\~\9\~** 

# \

-< ·;:**~-** ;' r- ·- - ...

_ ·, _ ._}; ·.**~- ~**  :,_j I

. :.. t ; ·, • '

..... ' ' · .} U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS ?(,\l\

### ~·:~

WASHINGTON, DC

IN THE MATTEROF 

### Christopher McCann DOCKETNO. FAA 2014-0405 (Civil Penalty Action).

PROCEDURAL ORDER In orderto expedite the hearing in this matter, the parties shall compiy with the Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Those rules provide, inter alia, that the Respondent must file a written Answer ormotion withinthirty (30) days after service ofthe Complaint (14 C.P.R. § 13.209(a)), that a general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to file an Answerwithout good cause is deemed an admission ofeach allegation in the Complaint (§ 13.209(f)), andthat, absent agreement ofthe parties, a party seeking an extension of time must file a written motionnot 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 thatthe person is without sufficientknowledge or informationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://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 relating to civil penalty cases, are available on the internet at: http://wwwfaa.gov/ about/office_org!headquarters _offices/ age/pol_adjudication/ agc4001 civil yenaltyl; see also: http:llecfr.gpoaccess.gov/cgi/t/textltext-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/l4tab

_02. tp/. 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.Under FAA Order2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthepossibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [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 St. Paul, MN.; 2. On or before October 1, 2014, 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. Theparties shall be prepared to present this case at a hearing on or after October 1, 2014\ subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will beforthcoming in a separate Order. 4. The parties will havethe 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 afterreceipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations 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 administrative 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 provide those dates to the court and/or Ms. Matthews in order to get the dates reserved on thejudge's calendar. 2

### 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. The parties are advised that submissions sentto 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 submis$ions by private delivery service, facsimile, or email. The certificate ofserviceshall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov) Administrative matters should·be directed to PatriciaMatthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters shouldbe addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint or party may withdraw a request for a hearing without the consent ofthe administrative law

·judge. Ifan agency attorney withdraws the complaint ora party withdraws the request for a hearing and the

answer, the administrative lawjudge shall dismiss the proceedings underthis subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Keny James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 3SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY
Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 1

Christopher McCann, 

### Respondent 109 4th AvenueNorth Sartell, MN 56377 BrianaMartino, 

### Complainant's Counsel Federal 

### Aviation Administration Regional Counsel (AGL-7) 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-7313 FAX: 847-294-7498 ONE COPY

The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0405 (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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
4