In The Matter Of: 

### SERVED: November 29, 2016 U.S. DEPARTMENT OF TRANSPORTATION

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## OPERfl.i\ONS DocketNo. FAA-2014-1116 Pacific International Skydiving Center ) ) ) ) ) Case No. 2014WP130012 Respondent


### PREHEARING CONFERENCE REPORT OnNovember 28, 2016, the undersignedjudge held a prehearing conference inthe above captioned case. Counsel for the Complainant and the Respondent attended the conference telephonically to discuss the following: 

### 1. Complainant'sMotion to Quash Subpoena
a. The Respondent acknowledged there is no case law supporting oppositionto the motion. b. The undersignedjudge will issue an order regarding this motion laterthis week. 

### 2. Complainant'sWitnesses The Complainant confirmed its intent to call the four witnesses onits witness list. 

### 3. Respondent's Witnesses a. The Respondent listed several witnesses on its witness listthat will testify regarding Mr. Frank Thomas Hinshaw's credibility. i. The Complainantreserved the right to objectto this testimony as irrelevant or cumulative. n. Ifraised bythe Complainant, this issue will be decided after the close ofthe Complainant's case-in-chief. b. The Respondent listed the Complainant's counsel as a possible witness.
1. The Respondent's counsel may askto call the Complainant's counsel ifany witness's testimony differs from the Complainant's answers to interrogatories. ii. The Complainant's counsel will have the opportunity to object to testifying ifthe 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 ofthe same documents, the parties agreed to discuss the proposed exhibits to eliminate duplicates. b. The partiesfurther agreed to discuss entering stipulations to avoid the need to request admission ofthe 1099 forms and waiver documents.
c. Atthe start ofthe hearing, the undersignedjudge will ask the parties whetherthere
are documents that can be pre-admitted rather than through witness testimony. 

### 5. Issues to be Decided atthe Hearing The undersignedjudge identified four issues to be decided at the hearing:
a. Did individuals parachute through clouds? Regarding this issue, the parties shall reviewIn re Thomas Fedele, FAA Order No. 98-3. b. Is the Respondent a responsible party under the applicable regulations?
c. Ifthe parachutists were independent contractors, did the Respondent violate the applicable regulations? Regarding this issue, the parties shall review In re Federal Express Corp, FAA OrderNo. 2002-20, and In re Husky Corp, FAA Order No. 2010-8. d. Ifthe Respondent did commit any violations, what is the appropriate civil penalty? 

### 6. Contactwith Office ofHearings The parties shall contact the undersignedjudge's staffassistant, Ms. Kelly Ort, to discuss courtroom logistics or any scheduling issues that may arise. 

### 7. Settlement The undersignedjudge encouraged the parties to continue to discuss possible settlement.

Attachment: Service List 

# ~;.,.____-- DOUGLAS M. RA WALD Administrative Law JudgeSERVICELIST

- 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 2Wl0001
ONE COPY Robert L. Feldman, Respondent's Counsel 8900 SW 107thAvenue, Suite 203 Miami, FL 33176 TEL: 305-598-4841 FAX: 305-598-4842 DonBobertz, Complainant's Counsel Office ofthe Regional Counsel, AWP-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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-1116 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby 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.