I



### SERVED: August 20, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF DENNIS J. MCGLYNN 

### FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0615

PROCEDURAL ORDER . _,_'_' _-_,' ,','
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### In orderto expedite the hearing inthis matter, the parties shall comply with the 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 withinthirty (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 ofthe parties, 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 that the person is without sufficientknowledge or informationto admit or deny, eachnumbered 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

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://wwwfaa.gov/ ahoutlo.fjice
_org/headquarters
_o.ffices/ age/pol_aqjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgilt/text/text-idx?c=ecfr&tpl=lecfrbrowse/Titlel41 14tab
_02.tp/. 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. 1I
that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned. ·Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Ifa partyhas a non-substantive matter to discuss, they should contact

### Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [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 December 1, 2013, the parties shall conclude all discovery including, butnot limitedto, depositions, document production, responses to. productionrequests 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 presentthis case at a hearing onor after December 1, 2013 4
, subjectto the availability ofcourtroom facilities. The specific date andtime for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15)**day~** after receipt ofthe transcript; Respondent shall its brieffifteen (15) days

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 madein 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." lfthe parties can agree on tentative hearing dates, they are encouraged to discuss those dates with Mr. Leibowitz and/or Ms. Matthews in orderto getthe dates reserved on thejudge'scalendar. 

### 2

### thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules, 5 

### is received bythe presiding 6
. 

### judge. 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted by the U.S. Postal Service and/or other security agencies and may take up to four (4) weeks to be delivered. Additionally, submissions maybe "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 encouraged to provide email addresses to expedite service of pleadings.

Richard C. Goodwin U.S. Administrative LawJudge 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 orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdrawsthe request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. 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. 3

# '

SERVICE LIST- BY U.S. 

### MAIL 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 

### Fred M. Morellli, Jr., Respondent's Counsel 

### Law Offices ofMorelli & 

### Rival P.O. Box 1416 Aurora, IL 60507-1416 TEL: 630-892-6665 Dennis J. McGlynn, Respondent 

### 659 Dorothy Way Auburn, CA 95603-3862 Christopher Merrill, Complainant's Counsel 

### Attorney, Office ofthe Regional Counsel, AWP-7.3 Western-Pacific Region Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7105 FAJ(: 310-725-6816 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: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX: 202-366-7536 FDMS No. FAA-2013-0615 (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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.4