SERVED MARC H 11,2010 

U.S. DEPARTMENT OF TRANSPORTAiliWJ^AiEpHWiON 

OFFICE OF HEARINGS ' ' ^' 

WASfflNGTON, D.C. , , ;, >. oq 

IN THE MATTER OF 

NUTRAMEDIX, LLC 

FAA DOCKET NO. CP08SO0029 

(Civil Penalty Action) 

DMS NO. FAA-2008-1306 

ADMINISTRATIVE LAW JUDGE'S ORDER 

ESTABLISHING PROCEDURAL DATES 

This proceeding was reassigned to me by an order of the Chief Judge 

issued May 19, 2009. It will be conducted in accordance with the Rules of 

Practice set forth in Subpart G of Part 13 of the Federal Aviation 

Administration's Investigative and Enforcement Procedures 14 C.F.R. §§ 

13.201-13.235. 

It appears that a hearing will be necessary to dispose of this 

proceeding, as settlement discussions have not been successful. The purpose 

of this order is to establish procedures which, if followed, will result in a 

hearing and a decision on the merits. 

First. Subject to the availability of facilities, the hearing will be held 

in West Palm Beach, Florida on June 17,2010. If either party objects to this 

venue or date, please notify me by motion within the next 30 days. 

Second. Review of the materials submitted to Chief Judge Yoder 

suggests that it may be possible to stipulate many of the facts, particularly 

those bearing on the issue of whether a shipment in violation of the 

Hazardous Materials Regulations was made, reserving for hearing only (or 

primarily) the issue of the amount of the sanction that should be assessed. I 

request that counsel for the parties attempt to arrive at and submit such a 

stipulation. Specifically, counsel for the Complainant is requested to 
prepare a draft of a stipulation and communicate it to counsel for the 

Respondent for comment on or before May 4, 2010. Counsel for the 

Respondent should provide a good-faith response to the draft stipulation and 

communicate it to the FAA's attorney within two weeks after receipt of the 

draft. 

Third. On or before June 3, 2010, each party must send to the other 

party a list of the witnesses whose testimony it intends to present at the 

hearing, together with a brief summary of the subject-matter on which each 

such witness will testify, and a legible copy of any document it intends to 

offer in evidence. (In general, a Xerox or similar copy of a photograph is 

not considered a "legible copy.") A copy of the submission should also be 

sent to me. Each exhibit shall be pre-marked for identification and should 

be accompanied by a list of the exhibits identified by exhibit number and 

description. 

Fourth. Dispositive motions (e.g. motions for summary judgment, 

judgment on the pleadings, etc.) must be filed not later than May 18, 2010. 

This allows time for a reply to such a motion and for consideration of the 

pleadings before we are all overtaken by the need to prepare for an imminent 

hearing. 

I encourage the parties to renew their efforts to achieve a settlement of 

this case. But if a settlement is not possible, the more expensive and timeconsuming option, a formal trial-type administrative hearing, must be 

conducted. 

If either of the parties has any questions for me, please relay them 

through my attorney-adviser, Mr. Ira Leibowitz. His telephone number is 

202-366-2139. The telefax number of the Office of Hearings is 202-366-

7536. 

M-t^fia^—. 

Isaac D. Benkin 

Administrative Law Judge 
FAA Docket No. CP08SO0029 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Kathleen A. Yodice, Respondent's Counsel 

Law Offices of Yodice Associates 

601 Pennsylvania Avenue, NW 

Suite 875 

Washington, D.C. 20004 

TEL: 202-737-3030 

FAX: 202-737-7450 

Raymond Beatch, Complainant Counsel 

Regional Counsels Office, Southern Region 

Federal Aviation Administration, ASO 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5231 

FAX: 404-305-5223 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: Attorney 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' 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 2W1000, Washington, 

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