SERVED: MARCH 5, 2012 

U.S. DEPARTMENT OF TRANSPORTATION • "•-f'-|:T^ 

OFFICE OF HEARINGS ""''^"'~ -''^'^'•"^''••^ 

WASHnslGTON, DC 

m H^R -b P i: 3S 

[N THE MATTER OF 

FLYING B AVIATION , LLC 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0066 

NOTIC E O F HEARIN G DATES 

NOTICE IS HEREBY GIVEN that testimony and evidence will be heard and 

considered on May 14 an d 15, 2012, in the U.S. District and Bankruptc y Courts, ' 400 

Jame s A. McClur c Federal Building and United States Courthouse , 550 West Fort 

Street Boise, ID 83724-0101. 

Hearings will commence at 9:00 a.m. and conclude at 4:30 p.m. each day. The 

parties should vacate the courthouse on or before 5:00 p.m. each day. 

Settled cases will not be removed from the docket until the Judge receives the 

proper pleading(s).^ Pleadings^ may be forwarded by fax, express mail, courier or postal 

service . 

' The parties should check with the Coiirlrooni Supervisor prior to the hearing to confinii the location of the 

hearing room. 

^ "The public policy of favoring and encouraging settlement makes necessary the Inadmissibility of 

settlement negotiations in order to foster ft^ank discussions". (Fiberglass Insulators, Inc. v Dupuy, et al, 

(856 F. 2d652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coaklcy & Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. 

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds.*' (id.) 

•' Materials filed in the FAA Hearing Docket (e.xcepi for materials filed in security cases) are also available 

for viewing at hi(p://ww\v.regulations.gov. 

•* The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

hrip./Avww.faa.gov/about/officc_jorg/headqiiariers ofjices/agc/pol adjiidicaSion/cigc^OO/civiljienally/; see 

also: hitp://ccfr.giwiiccess.gov/cgi/t/tcxt/lext-idx?c=ecfr&tpl=/ecfrhro\vseyTitlel4/l4tah_02.lpl. In 

addition, Thomson Reuters/West Pubhshing 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. 
s o ORDERED. 

Attachment - Service List 

U.S. Administrative Law Judge 
FDMS No. FAA-2011-0066 

(Civil Penalty Action) 

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 2W1000' 

ONE COPY 

Richard A. Johnson, Respondenl 's Counsel 

3815 Rickenbacker Street, Suite 208 

Boise, 10 83705 

TEL: 208-344-1384 

FAX: 208-344-5121' 

Joann M. Putnam, Complaiitanl '.v Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton,WA 98057-3356 

TEL; 425-227-2758. 

FAX: 425-227-1007 

The Honorable Ricliard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-2P. 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 StafF Assistant/Paralegal 

FAX: 202-366-7536 

' Ser\'ice was by U.S. Mail. For service in person or by expedited courier, use tlie following 

address: Federal Aviation Aciinimstration, COO Independence Avenue. S.W., Wilbur Wright Building— 

Suite 2W1000. Washington. DC 20591, Attention: Hearing Docket Clerk, AGC-430.