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SERVED: December 1, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTERS OF 

REGENT AEROSPACE CORPORATION 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2013-0851 

AND 

REGENT AEROSPACE CORPORATION 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2013-0852 

PROTECTIVE ORDER 

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Regent Aerospace Corporation, (hereinafter "Regent"), by oral motion at trial, 

asked to seal the record herein. The Federal Aviation Administration (hereinafter 

"FAA") took no position. Upon consideration of the pleadings, testimony and documents 

contained in the record of this proceeding we find the record should be protected pursuant 

to my powers under 49 C.F.R. §386.39 and grant Regent's Motion. 

The record contains documents identified as sensitive information and/or 

"personal identifying information" (P.I.I.) protected under The Privacy Act of 1974, 5 

U.S.C. §552a. Some documents and/or pleadings contain non-segregable safety- and/or 

security-related information, the withholding of which from disclosure is consistent with 

the safety and security responsibilities of the Federal Aviation Administration ("FAA"). 

Some documents reveal trade secrets or privileged or confidential commercial or 

financial information. 

We are generally concerned about sealing the entire docket in the face of A.P.A. 

requirements for a public hearing1 and the lack of accessibility to precedents. However, 

1 In general a public hearing under the Administrative Procedure Act requires public disclosure, absent a 

showing of good cause for confidentiality. See,~' Japan Charter Authorization Proceeding ( 1988/1989), 

DOT Docket 45582, Order 45582-3 dated May 17, 1988; Trans World Airlines, Enforcement Proceeding, 
the present matter involves pleadings, documents and/or testimony containing sensitive 

security information as set forth above. The Court concludes the disclosure of this 

information would likely cause substantial competitive injury to Regent? 

WHEREFORE, it be and is hereby ORDERED as follows: 

1. All documents subject to this Protective Order, (hereinafter "Protected Materials") 

whether supplied voluntarily or pursuant to subpoena duces tecum, shall be 

subject to the following terms and conditions for the purpose of protecting the 

confidentiality of such information (referred to as "confidential information"): 

a. Protected Materials shall be disclosed only to the staff of the undersigned 

formally assigned to this proceeding and/or to agency and/or respondent's 

counsel and their staff formally assigned to this proceeding and their 

respective clients3

; and 

b. Disclosure of Protected Materials to any person described in Paragraph (a) 

of this order shall be only for the purpose of this proceeding and for no 

other purpose; and 

c. All Protected Materials information shall be prominently marked as 

"Confidential- Subject to Protective Order," and shall be kept by 

agency/respondent counsel in secure, segregated facilities. Access to those 

facilities shall be permitted only to persons designated in Paragraph (a) of 

this order; and 

d. Disclosure ofProtected Materials may be made to experts retained by 

Agency and/or Respondent's counsel for purposes of this litigation. Those 

persons to whom disclosure is permitted under this Order shall not make 

further disclosure to anyone; and 

e. No portion of the Protected Materials shall be copied or recorded in any 

manner, other than in the work papers, notes, or memoranda of person 

designated in Paragraph (a) of this order, and all such work papers shall be 

treated as Protected Materials. 

2; Nothing herein shall be construed to prevent the undersigned Administrative Law 

Judge or any reviewing authority from disclosing Protected Materials as may be 

necessary to reach a decision on any matter raised in connection with this 

litigation. 

3. The following documents are covered by this Protective Order and hereby 

identified as "Protected Materials": 

(a) Transcript ofthese proceedings conducted on October 1, 2 and 3, 2014; 

and 

DOT Order 76-9-76, p. 3; U.S.-Australia Service Proceeding, DOT Docket 46034, Order dated May 3, 

1989; Continental Airlines, FAA Docket CP89WP0022, ~ill., Order dated September 29, 1989, p. 4, n. 5. 2 Gilda Industries, Inc. v. U.S. Customs & Border Protection Bureau, 457 F.Supp.2d 6 (2006) 3 Defined as anyone covered by the attorney-client privilege. See Zurich American Ins. Co. v. Superior 

Court, 155 Cal.App.4th 1485 (2007). 

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(b) All exhibits either "identified" and/or "admitted" in these proceedings; 

and 

(c) All pleadings and discovery which are a part of the administrative record. 

4. The transcripts, exhibits and pleadings shall be withheld from FDMS; and 

5. All documentary evidence shall be sealed by the Court and may be unsealed only 

by order of the undersigned U.S. Administrative Law Judge, the Administrator of 

the Federal Aviation Administration and/or his/her designee, or a judge of a 

Federal court; and · 

6. The docket clerk shall substitute for the record a sheet indicating that the docket 

has been sealed and marked "Confidential- Not Disclosure." 

Richard C. Goodwin 

Administrative Law Judge 

Attachment - Service List 

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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 2W10001 

ONE COPY 

Reza Sol tan ian, Respondent's President 

Regent Aerospace Corporation and Airbase Services, Inc. 

28110 West Harrison Parkway, 

Valencia, CA 91355-4109 

TEL: 661-257-3000 

FAX: 661-702-0241 

JohnS. Hoff 

Jeffrey Clement, Respondent's Counsel 

Hoff Law Group 

135 S. LaSalle Street, Suite 3300 

Chicago, IL 60603-4134 

TEL: 312-346-8111 

FAX: 312-853-3924 

Chris G. Zurales, Complainant's Counsel 

Attorney, Office of Regional Counsel, Great Lakes Region, AGL-7K 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018 

TEL: 847-294-7713 

FAX: 847-294-7498 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant FAX: 202-366-7536 

FDMS Nos. FAA-2013-0851 & 

F AA-20 13-0852 

(Civil Penalty Actions) 

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. 

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