( 

### SERVED AUGUST 10, 2010 (



# u.s. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### MARCUS WILSON FAA DOCKETNO. CPI0EA0005 (Civil Penalty Action) FAA No. FAA-2010- 0625'


### PROCEDURAL ORDER In order t9 expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow. The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

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### Those lUles provide, inter alia, that the Respondent must file a written Answer ormotion within thirty (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 oftheparties, 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 sufficient knowledge or information to admit ordeny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied inthe answer maybe deemed an admission ofthe tlUth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer.

1Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 2 The Administrator's civil penalty decisions, along with indexes 6fthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://wwwfaa.gov/about/office_org/headquarters
_ojfices/agclpol_ adjudication/ agc400/Civil ye!la/ty/; see also: http://ecji-.gpoaccess.gov!cgilt/lext/text-idx?c=ecji-&lp/=/ecji-browse!TitleJ4/J4Iab_02.lpl.ln 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. 1Under PAA Order 2150.3B and the Rules gove11ling 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)).

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# , NOTE: This presiding Judge does not require "Discovery" to be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge theparties may, but are notrequired, serve discovery onthe undersigned. Thejudge will notdiscuss the case with any party, orits representative on an ex parte basis. Ifa party has a non-substantive matterto discuss, they should contactthe judge's att011ley-advisor, Mr. Ira Leibowitz at (202) 366-2139 Clra.Leibowitz@dot.gov). Administrative matters may be addressed to thejudge's, Legal Assistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and ar'e hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be San Diego, CA.; 2. On orbefore November 29, 2010, theparties shall conclude all discovery including, butnot limitedto, depositions, document production, responses to productionrequests and/orinten·ogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. NOTICE IS HEREBY GIVEN theparties shall be preparedto presentthis case at a hearing on or afterNovember 29, 20104
, subjectto the availability of courtroom facilities. 4. The parties will have the opportunity to file Post-Hearingbriefs and arguments pursuantto a scheduleto be detennined 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 anyrebuttal briefbythe Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removedfrom thehearing docket until the proper written pleading(s), consistent with the applicable rules,5 is received by the presidingjudge.6

3 See Linda Joyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989.

, 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." 5 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint 0" party may withdraw a request for a hearing withoutthe consent ofthe administrative law 2

### 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 andlor 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, butnot required, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflectthe manner ofservice.

oodwin .S. Administrative Law Judge Attachment

- Service List

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 with prejudice. 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26,2005; citing Kerrv James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1; In The Matter orRobert Harris FAA DocketNo. CP03EAOOOl. 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. CP90CEOII0, CP90CEOII4. CP90CE0134, Orderof Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA DocketNo. CP03EAOOOI. DMS No. FAA2005-14, August 15,2005. 

### 3

### SERVXCEUST FAA DocketNo. CPIOEA0005 (Civil Penalty Action)



### ORIGINAL & 

### ONE COpy Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

- Suite 2WI000'

Marcus Wilson, Respondent 

### 9575 Upland Street Spring Valley, CA 91977 TEL: 619-797-7239 Robert Spitzer, Complainant's Counsel 

### Office ofthe Regional Counsel Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3278 FAX: 718-995-5699 

### ONE COpy

The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.B. East Building Ground Floor, Room El2-320 Washington, DC 20590
. TEL: Attorney-Advisor 202-366-2139 Legal Assistant 202-366-5121 FAX: 202-366-7536

I Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building

- Room 2014, Washington, DC 20591, A,ttention: Hearing Docket Clerk, AGC-430.