In The Matter Of: 

SERVED: November 29, 2016 

U.S. DEPARTMENT OF TRANSPORTATION E~ARlMENl Of 

OFFICE OF HEARINGS fR~NSPORiAl\ON WASHINGTON, DC . . p 2: \ 8 

11\\ tiD~ 2q 

OOCKEi OPERfl.i\ONS 

Docket No. FAA-2014-1116 

Pacific International Skydiving Center 

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Case No. 2014WP130012 

Respondent 

PREHEARING CONFERENCE REPORT 

On November 28, 2016, the undersigned judge held a prehearing conference in the above 

captioned case. Counsel for the Complainant and the Respondent attended the conference 

telephonically to discuss the following: 

1. Complainant's Motion to Quash Subpoena 

a. The Respondent acknowledged there is no case law supporting opposition to the 

motion. 

b. The undersigned judge will issue an order regarding this motion later this week. 

2. Complainant's Witnesses 

The Complainant confirmed its intent to call the four witnesses on its witness list. 

3. Respondent's Witnesses 

a. The Respondent listed several witnesses on its witness list that will testify regarding 

Mr. Frank Thomas Hinshaw's credibility. 

i. The Complainant reserved the right to object to this testimony as irrelevant or 

cumulative. 

n. If raised by the Complainant, this issue will be decided after the close of the 

Complainant's case-in-chief. 

b. The Respondent listed the Complainant's counsel as a possible witness. 

1. The Respondent's counsel may ask to call the Complainant's counsel if any 

witness's testimony differs from the Complainant's answers to interrogatories. 

ii. The Complainant's counsel will have the opportunity to object to testifying if the 

Respondent decides to pursue such testimony at the hearing. 
c. The parties agreed to discuss entering stipulations that may eliminate the need for the 

Respondent to introduce testimony from certain foundational witnesses. 

4. Exhibits 

a. Because the parties seek to admit several of the same documents, the parties agreed to 

discuss the proposed exhibits to eliminate duplicates. 

b. The parties further agreed to discuss entering stipulations to avoid the need to request 

admission of the 1099 forms and waiver documents. 

c. At the start of the hearing, the undersigned judge will ask the parties whether there 

are documents that can be pre-admitted rather than through witness testimony. 

5. Issues to be Decided at the Hearing 

The undersigned judge identified four issues to be decided at the hearing: 

a. Did individuals parachute through clouds? 

Regarding this issue, the parties shall review In re Thomas Fedele, FAA Order 

No. 98-3. 

b. Is the Respondent a responsible party under the applicable regulations? 

c. If the parachutists were independent contractors, did the Respondent violate the 

applicable regulations? 

Regarding this issue, the parties shall review In re Federal Express Corp, FAA 

Order No. 2002-20, and In re Husky Corp, FAA Order No. 2010-8. 

d. If the Respondent did commit any violations, what is the appropriate civil penalty? 

6. Contact with Office of Hearings 

The parties shall contact the undersigned judge's staff assistant, Ms. Kelly Ort, to discuss 

courtroom logistics or any scheduling issues that may arise. 

7. Settlement 

The undersigned judge encouraged the parties to continue to discuss possible settlement. 

Attachment: Service List 

~;.,.____-- DOUGLAS M. RA WALD 

Administrative Law Judge 
SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

ONE COPY 

Robert L. Feldman, Respondent's Counsel 

8900 SW 107th Avenue, Suite 203 

Miami, FL 33176 

TEL: 305-598-4841 

FAX: 305-598-4842 

Don Bobertz, Complainant's Counsel 

Office of the Regional Counsel, A WP-7 

Federal Aviation Administration 

Western-Pacific Region 

P. 0. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-3454 

FAX:310-725-6816 

The Honorable Douglas M. Rawald, 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 

Docket No. FAA-2014-1116 

(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 2WIOOO, Washington, 

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