### SERVED: February 20, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### SCHUMAN AVIATION COMPANY, LTD.

FAA DOCKET NO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013- 1080



### PROCEDURAL ORDER 'L

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In order to expedite the hearing inthis 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 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 Answerwithout good cause is deemed an admission ofeach allegation inthe Complaint (§13.209(t)), and that, absent agreement ofthe parties, a party seeking an extension of time mustfile a written motion not less than seven (7) days before the documentis 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 thatthe person is without sufficient knowledge orinformation to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied inthe answer may be deemed an admission ofthe truth of

1 Materials filed inthe 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 onthe internet at: http:1/www jaa.gov/ about/ office_org/headquarters_offices/ age/pol_adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecfr&tpl=lecfrbrowse/Titlel4114tab

_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. · 

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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 consider the possibility 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 different policies, but as long as this case is assigned to the undersignedpresiding 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 toStaffAssistant, 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 Honolulu, HI.; 2. On orbefore May 1, 2014, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to production requests 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 beprepared to presentthis case at a hearing on or after May 1, 2014\ subjectto 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 and arguments pursuantto a schedule to be determined atthe hearing. For guidance, the · following 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 settlementnegotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Ru1e 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations. 4 14 C.F.R § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are
· encouragedto provide those dates to the court and/or Ms. Matthews in order to getthe dates reserved on

thejudge's calendar. 2I

5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules, 5 is received bythe presiding judge.6 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 may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service, facsimile, oremail. The certificate ofservice shall reflect the 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 Law Judge Office ofHearings, M-20

- U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to PatriciaMatthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters shouldbe addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge 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 withdraws the request for a hearing and the 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, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 

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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 Gustav Richard Schuman, President 

### Schuman Aviation Company, Ltd., Respondent 

### 130 Iolana Place Honolulu, HI 96819 TEL: NOT PROVIDED FAX: NOT PROVIDED Christopher D. Ferrara, Respondent's Counsel 

### 3555 Harding Avenue, Suite 2F Honolulu, HI 96816 TEL: NOT PROVIDED FAX: 808-522-1661 Don Bobertz, Complainant's Counsel 

### Office ofthe Regional Counsel, Western Pacific Region, AWP-7 Federal Aviation Administration P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-3454 FAX: 310-725-6816 The Honorable**Rich~d** 

### C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-1080 (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.


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