SERVED MARC H 10, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

EMPIRE AIRWAYS, 

Respondent 

FAA DOCKJET NO. CP10EA0002 

(Civil Penalty Proceeding) 

DMS NO. FAA-2010-0191 

ADMINISTRATIVE LAW JUDGE'S PREHEARING 

ORDER ESTABLISHING PROCEDURES 

This case has been assigned to me for the conduct of the hearing and 

other procedural steps as prescribed by the Department's Rules of Practice in 

FAA Civil Penalty Cases. The foil text of the Rules of Practice is found in 

14 C.F.R. §§ 13-201-13.235 (2008).' In order to expedite the consideration 

and disposition of the issues, the following principles and procedures will be 

followed: 

1. Appearances. Unless it has already done so, each party is required 

to send me as promptly as possible, a notice of appearance of the person or 

persons who will represent that party during this proceeding. The notice 

should include the representative's name, mailing address, telephone 

number, telefax number, and e-mail address. The appearances should be 

kept current. 

2. Filing. All documents that the rules require to be filed with FAA 

Dockets should be sent to: 

•\Ti.^. \ 

' The Rules of Practice, as well as other materials relating to civil penalty cases, are available on the 

Internet at 

http://faa.gov/about/office org/headquarters offices/agc/pol adiudication/AGC400/Civil Penalty/. 
Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building—Suite 2W1000^ 

A copy of each document should also be sent to me and to the person 

representing the other party to the case. 

3, Mail. Although the Procedural Rules provide for service of papers 

by mail, the punctuality of the U.S. Postal Service's delivery to offices in the 

Department is uncertain. When you send any document (either one required 

or permitted to be provided directly to the administrative law judge or a copy 

of a document required to be filed with FAA Dockets) to me, you should use 

a private delivery service, e-mail or telefax. My contact information is: 

Hon. Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave,, S.E. 

Washington, D.C. 20590 

E-mail: david.benkin@dot.gov 

Telefax: (202) 366-7536 

4, Answer. Under the Procedural Rules, the Respondent is required 

to file a written answer to the complaint or a motion addressed to the 

sufficiency of the complaint within 30 days of the date the complaint is 

served. The answer must be in v/riting and must address separately each 

allegation of the complaint. Failure to file an answer or a motion within the 

time-limit may be cause for an order deeming the allegations of the 

complaint as true for purposes of the case. If an answer is filed after the 

deadline has expired, the Respondent should accompany it with such 

information as it believes will establish that there was "good cause" for the 

delay, 

5, Time and place of the hearing. Subject to the availability of 

facilities, I plan to conduct the hearing in Islip, New York on June 29, 2010. 

^ Only if sent by U.S. Postal Service. Serve in person or by expedited courier to Federal Aviation 

Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Suite 2W1000, Washington, 

D.C. 20591; Attention: Hearing Clerk, AGC-430. 
If either of the parties wishes to change the date or place of the hearing, 

please so advise me within the next 30 days. 

6. Extensions of time. If you plan to seek an extension of the 

deadline to file a document or take an action or of the hearing date, please 

first contact the person representing the other party to find out whether there 

will be an objection to the request. Also, seek to secure agreement on an 

alternate date and time that is acceptable to all parties. I normally accept a 

representation that there is no objection to such a request. 

7. Dispositive motions. A motion for judgment on the pleadings, a 

motion for summary judgment or any other dispositive motioii will not be 

considered unless it is filed more than 30 days before the scheduled date of 

the hearing. 

8. Discovery. Discovery should begin promptly after the answer is 

filed. It should be completed within 60 days from the date the answer is 

filed. The deadline for completion of discovery may be extended only for 

good cause shown. If a party objects to one or more discovery requests, it 

may file a motion for a protective order, attaching or incorporating only the 

discovery request or requests to which it objects. If a party is dissatisfied 

with a response to discovery, it may file a motion to compel, attaching or 

incorporating only the discovery request to which its motion relates. 

9. Exchange of witness lists and proposed exhibits. Not later than 

two weeks before the beginning of the hearing, Le., on or before June 15, 

2010, parties are required to exchange lists of their witnesses, together with 

a brief statement of the subject matter on which each witness will testify. In 

the case of an expert witness, a resume of the witness's relevant education, 

training, experience, and other qualifications shall be fiimished. In addition, 

parties are required to exchange copies of documents they intend to offer in 

evidence. A copy of the proposed exhibits and witness lists should be sent 

to me at the same time it is served. 

10. Settlement. I encourage the parties to settle the case if it is 

possible to do so. The parties should discuss the possibility of settlement as 

soon as possible after the answer is filed and again once discovery is 

completed. If a settlement is reached, the parties should notify me as soon 

as possible. I cannot remove the case fi"om the hearing docket, however, 

until I have received a written withdrawal of the complaint executed by the 
Complainant or a written withdrawal of the request for a hearing executed 

by the Respondent. 

11. Contacts with the judge. I cannot and will not discuss the case 

with any party, or its representative, on an ex parte basis. If a party has nori^ 

substantive matters it wishes to discuss, please contact my attorney-advisor, 

Mr. Ira Leibowitz, His telephone number is (202) 366-2139. 

IT IS SO ORDERED. 

Isaac D. Benkin 

Administrative Law Judge 
FAA Docket No. CP10EA0002 

(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 

Charles J. Casolaro, Respondent's Counsel 

Casolaro Sussman, LLP 

1050 Franklin Avenue, Suite 402 

Garden City, NY 11530 

TEL: 516-248-1399 

FAX: 516-248-2257 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney 202-366-0437 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

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

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

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