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# ........... SERVED: APRIL 30, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### GREAT LAKES AVIATION FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0204



### PROCEDURAL ORDER In orderto expedite the hearing in this matter, theparties shall comply with the 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

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### 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 maybe effected with or without a finding ofviolati.on (14 C.F.R. §13.16 (n) (1)). 

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NOTE: This presiding Judge does not require "Discovery" to be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required, serve discovery on the undersigned. Thejudgewill not discuss the case with any party,4 

### orits representative on an ex parte basis. Ifa partyhas a"non-substantive matterto discuss, they should contact the

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 ofthe decisions, the Rules ofPractice, as well as othermaterials relating to civil penalty cases, are available on the internet at: http://wwwjaa.gov/aboutlof!ice

_orglheadquarters _offices/ age/pol_ acijudication/ agc400/civil _yenaltyl; see also: http://ecfr.gpoaccess.gov/cgilt/text!text-idx?c=ecfr&tpl=lecfrbrowse/Titlel41 14tab

_02.tpl. In addition, Thomson Reuters/West Publishingpublishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional information, see the Web site. 3 See Linda Joyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 4 "Thepublic policy offavoring and encouraging settlementmakes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". (Fiberglass Insulators, Inc. v Dupuy, et al, (856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. §266 (6th ed.); Rule 68 ofthe Federal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of 1

# .' judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.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 are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Denver, CO.; 2. On orbefore July 1, 2012, the parties shall conclude all discovery including, butnot limited to, depositions, document production, responses to productionrequests and/or interrogatories. Iftheparties cannotresolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall beprepared to presentthis case at a hearing on or after July I, 20125
, subject to 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 at the 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. 5. Settled cases will not be removed from the hearing docket until the proper writtenpleading(s), consistent with the applicable rules,6 is received by the presidingjudge.7

Evidence "

...prohibitsthe admission ofstatements made in compromise negotiations

..." (Iri"the Matter of Africa Air Corporation, FAA OrderNo. 99-5). "Rule 408'spublic policypurpose ofencouragingfrank settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, its guidance will be followed in these proceeds." (Id.) 5 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." 6 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint or party 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 with prejudice. 7 See: Inthe 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; In The Matter ofRobert Harris FAA Docket No. CP03EA000l. 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, CP90CEO 110, CP90CEO 114, CP90CEO 134, Order of Administrative Law Judge Burton S. Kolko, served AprilS, 1992, p. 2. See "Order Dismissing 2

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### 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 byprivate delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice.

Attachment

- Service List

Complainant's Appeal". In The Matter ofRobert Harris, FAA Docket No. CP03EAOOOl. DMS No. FAA2005-14, August 15,2005. 

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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 2W1000 1 

### ONE COPY Timothy R. 

### Thornton, Respondent's Counsel Briggs and Morgan, P.A. 2200 IDS Center 80 South 8th Street Minneapolis, MN 55402-2157 TEL: 612-977-8400 FAJ(: 612-977-8650 Kyle E. Lomazow, Complainant's Counsel Attorney, Office oftheRegional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, W A 98057 TEL: 425-227-1847 FAJ(: 425-227-1007 FDMS No. FAA-2012-0204 (Civil Penalty Action)

The Honorable Richard <;::. 

### Goodwin, AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536

1 Service was byU.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2Wl000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.