SERVED: FEBRUARY 24, 2012 

/'tPARFMENT OF 

U.S. DEPARTMENT OF TRANSPORTATION L~ OCKET f)^Wl{\o^-r 

OFFICE OF HEARINGS "' " ''^"^''^ 

WASHINGTON, DC /Oi; f-rj ^^j , p > Qr, 

IN THE MATTER OF 

PLATINUM AIR SERVICE, INC. 

FAA DOCKET NO. |T0 BE ASSIGNED] 

(Civil Penally Action) 

FDMS NO. FAA-2012-0025 

PROCEDURAL ORDER 

In order lo expedite the hearing in this matter, the parties shal! comply with the 

Procedural Schedule set forth hereinbelow . The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Pari 13, Subpart G, of the Federal Aviation Regulations". 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Ageucy attorney and lUe Respondent are encouraged to consider the possibility of 

settlement and compromise of this matter.^ Compromise may be effected with or 

without a finding of violation (14 C.F.R. §13.16 (n) (0). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

.ludge. Other Judges have different policies, but as long as this case is assigned lo the 

undersigned presiding Judge the parties may, but are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party,"* or its representative on an ex 

parte basis. If a party has a'non-substantive matter to discuss, they should contact the 

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at hlfp://wn-w.rei!ulalion.s.eov. 

^ The AdminisiraVor'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: 

hlipy/ww\\\/aci.gov/aboiU/oJ]lce_org/head(fiwriersj[)JJlces/agcypo/_adJudicaiion/agC'tOO/civi see 

also: h{(p://ecfr.gpouccess.gov/cgi/i/texl/lexi-idx?c=ecfri&ipl=/ecfrbro\vsc/Tifle}4/Ntah_02.{pl. In • 

addition, Thomson Reulers/West Publishing publishes Federal Aviation Decisions. Finally, the decisions 

are available through LEXIS {TRANS library) and Westlaw QFTRAN-FAA database). For additional 

information, see the Web site. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

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

settlement negotiations in order to foster frank discussions". (Fiberglass Insulators, Inc. v Dupuy, el al. 

(856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction. 

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

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 
judge's attorney-advisor, Mr. Ira Leibowitz al (202) 366-2139 ([ra.Leibowitz@dot.£ov). 

Administrative matters may be addressed to the judge's, Legal Assistant, Pat Matthews 

[202-366-5121] (r-'atricia.Matthews@domovV 

WHh:RliFORE, the parties be and are iiereby ORDERBD to adhere to the 

following procedural schedule: 

1. Venue shall be Long Beach, CA.: 

2. On or beibre June I, 2012, the parlies shall conclude all discovery 

including, but not limited to, depositions, document production, responses 

to produclion requests and/or interrogatories. Ifthe parties carmot resolve 

a discovery dispute they shall submit the dispute to the undersigned for 

resolution in a timely maruier; 

3. The parties shall be prepared to present this case al a hearing on or after 

June 1, 2012', subject to the availability of courtroom facilities. The 

specific dale and time for the hearing will be forthcoming in a separate 

Order. 

4. The parties will have the opportunity to file Post-Hearing briefs and 

arguments pursuant to a schedule lo be determined al the hearing. For 

guidance, the following schedule is typically used: Complainant shall file 

its brief fifteen (15) days after receipt of the transcript; Respondent shall 

its brief fifteen (15) days thereafter; and any rebuttal brief by the 

Complainant shall be filed seven (7) days thereafter. 

5. Settled cases will not be removed from the hearing docket until the proper 

written pleading(s), consistent with the applicable rules,^ is received by 

the presiding judge.^ 

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.) 

^ 14 C.F.R. § 13.221 states; "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

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 of the administrative law 

judge. If an agency attovney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

' See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Maner of Robert Harris FAA Docket No. CP03EA0001. DMS'NO. FAA-2002-14236., Orders 

dated October 18, 2004 and October 27, 2004. USAIR. Inc.. FAA Docket CP90NE0359, Trans World 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110, CP90CE0114. CP90CEQ134. Order of 

Administrative Law Judge Burton S. Koiko, served April 8, 1992, p. 2. See "Order Dismissing 
6. The parlies are advised that submissions sent to (he street address of the 

U.S. Department of Transportation, Office of Hearings, may be delayed 

due to screening conducted by the U.S. Postal Service and/or other 

security agencies and n^ay take up to four (4) weeks to be delivered. 

Additionally, submissions may be "irradiated", which affects the quality 

of submissions. The parties are encouraged, but not required, to file 

submissions by private delivery service, facsimile, or email. The 

certificate of service shall rcftccl the manner of service. 

C __iiehafdc7 G ood wi n 

U.S. Administrative Law Judge 

Attachment - Service List 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA00QI. DMS No. FAA2005-14, August 15,2005. 
FDMS No. FAA-2012-0025 

(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 

Arthur Wasserman, Respondent's Counsel 

Law Office of Arthur Wasserman 

16380 Roscoe Boulevard, Suite 120 

VanNuys, CA91406-I22I 

TEL: 818-895-8234 

FAX: 818-895-0675 

Nicholas R. Milliard, Complainant's Counsel 

Attorney, Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267^3452 

FAX: 202-267-5106 

The Honorable Richard C. Goodwin, Adminisirative Lcfw Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use (he following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2WI000, Wasliingloa 

DC 20591, Allcmion: Hearing Deckel Clerk, AGC43U.