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## SERVED: March 4, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATIEROF 

### RIDAN INVESTMENTS, INC.
FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action)
FDMS NO. FAA 2013- 1082



### PROCEDURAL ORDER
In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1

. 

### 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 ormotion 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 inthe Complaint (§13.209(f)), and that, absent agreement oftheparties, 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 that the person is without sufficient knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth of

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://www.faa.gov/ about/ office_ orglheadquarters _offices/ age/pol_adjudication/ agc4001 civil _penalty/; see also: http:// ecfr.gpoaccess.gov/cgi/t/textltext-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/ 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 t , •**~** ·

I ·-'that allegation. A general denial'ofthe complaint is deemed a failure to file an answer. UnderFAA Order 2150.3B andthe 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.P.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. Other Judges have differentpolicies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are notrequired to, serve discovery on the undersigned. · Thejudge will 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, the parties be and are hereby ORDERED to adhere to the following procedural schedule:
1. Venue shall be Long Beach, CA.;
2. On orbefore May 9, 2014, the parties shall conclude all discovery including, but not limitedto, depositions, documentproduction, 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 presentthis case at a hearing on or after May 9, 20144

, subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order.
4. The parties will have the opportunity to file Post-Hearing briefs andarguments pursuantto a schedule to be determined atthe hearing. For guidance, the foll()wing 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.

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations 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 encouragedtoprovide those dates to the court and/orMs. Matthews in orderto get the dates reserved on thejudge's calendar. 

### 25. 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, maybe delayed due to screening conducted bythe 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 notrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflectthe 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 LawJudge Office ofHearings, M-20 U.S.**Departmen~** ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov)
Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov).
All other n;atters should be addressed in**writing/~mail** 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 ahearing, an agency attorney may withdraw a complaint orparty 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 andthe answer, the administrative lawjudge shall dismiss the proceedings under this subpart withprejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating 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 ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1



### President Ridan Investments, Respondent 

### 18540 Minthom Street Lake Elsinore, CA 92530 TEL: NOT PROVIDED FAX: NOT PROVIDED ONE COPY



### Lawrence M. Burek, Respondent's Counsel 

### 550 North Parkcenter Drive, Suite 204 SantaAna, CA 92705 TEL: 714-564-9033 FAX: NOT PROVIDED Tammy Leach P.O. Box 891324 Temecula, CA 92589 TEL: 951-970-6762 FAX: NOT PROVIDED Christopher R. Stevenson, Complainant's Counsel 

### Office ofthe Regional Counsel, Southern Region, AS0-7 Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 \ 

### FDMS No. FAA-2013-1082 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby 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.

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