### SERVED: November 24, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF
JOHNNYPL
FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action)
FDMS NO. FAA 2014-0808

PROCEDURAL ORDER _·.

...-"



### In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• 

### The Rules 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 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 an Answer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint (§13.209(f)), andthat, absent agreement oftheparties, 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 thatthe person is without sufficientknowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaintthat 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 HearingDocket (except for materials which are sealed) also available for viewing at ht!J2:/Iwww.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes oftl)e decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://wwwfaa.gov/about/c?ffice_orglheadquarters_officeslagc/pol_adjudication!agc4001civil_penaltyl; see also: http://ecfr.gpoaccess.gov!cgi/tltextltext-idx?c=ecfr&tpl=/ecfrbrowse/Title14/ 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 ,-j..,,.Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto considerthe possibility of settlement and compromise ofthis matter. 3 Compromise maybe effected with or without a finding ofviolation (14 C.P.R. §13.16 (n) (1)).
NOTE: This presiding Judge does not require "Discovery" be served on the Judge. Other Judges have different policies, but as long as this case is assigned to the undersigned presidingJudge the parties may, but are not required to, serve discovery on the undersigned.
Thejudgewill not discuss the case with any party, orrepresentative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, theparties be and are hereby ORDERED to adhere to the following procedural sche.dule:
1. Venue shall be San Francisco, CA.;
2. On orbefore March 6, 2015, 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 submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after March 6, 20154

, subject to the availability ofcourtroom facilities. The specific date and time for the**he~ing** will be forthcoming in a separate Order.
4. Theparties 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: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.
5. Settled cases will notberemoved from the hearing docketuntil the proper written pleading(s), consistentwiththe applicable rules,5 is received bythe presiding judge.6

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank**discussion~"·** 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. 26. The parties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted bythe U.S. Postal Service and/or other security agencies and may take upto four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnotrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouragedto 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. (Ell-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov)
Administrative matters should be directed to Patricia Matthews, 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 Law Judge
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 or a party withdraws the request for a hearing and the answer, the administrative Jawjudge 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, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991 , at 1.
3SERVICE LIST- BY 

### U.S. MAIL ORIGINAL & ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1



### John Nypl, Respondent 

### 16325 State Hwy. 49 Grass Valley, CA 95949-9118 

### ONE COPY

Lindsay M. Nakamura, Complainant's Counsel 

### Office ofthe Regional Counsel, APW-7.11 ·Federal Aviation Administration Western-Pacific Region P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7138 FAJ<: 310-725-6816
The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAJ<: 202-366-7536 DocketNo. FAA-2014-0808 (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