### SERVED: OCTOBER2, 2012
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### GOJET AIRLINES, LLC. FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0876



### PROCEDURAL ORDER /,J ··n

### 17 +-"-· 4 

# r --2

In order to expedite the hearing inthis matter, the parties shall comply withthe 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 AviationRegulations2• 

### Those niles provide, inter alia, that the Respondent must file a written Answer or motion withinthirty (30) days after service ofthe Complaint (14 C.F.R. 

### § 13.209(a)), that a general denial is deemed a failure to file anAnswer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint (§ 13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time mustfile a written motionnot 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 thatthe person is without sufficient knowledge or informationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of

1 Materials filed inthe FAAHearing Docket (except for materials filed in security cases) are also available for viewing athttp://www.regulations.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available onthe internet at: http://www.faa.gov! about! office_org/headquarters_offices/ age/pol_adjudication/ agc400/ civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/14tab

_02.tpl. ·In 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. 

### 1 

### 1: 30settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.P.R. 

### §13.16 (n) 

### (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" to be served onthe Judge. OtherJudges 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 onthe undersigned. Thejudge will not discuss the case with any party,4 or its representative on an ex parte basis. Ifa party has a non-substantive matterto discuss, they should contact Mr. IraLeibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [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 St. Louis, MO.; 2. On orbefore January 4, 2013, the parties shall conclude all discovery including, butnot limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall beprepared to present this case at a hearing on or after January 4,20135

, subjectto 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 pursuant to a schedule to be determined 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 any rebuttal briefbythe**C~mplainant** shall be filed seven (7) days thereafter.

3 See Linda Joyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in order to 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 Evidence "

...prohibits the admission ofstatements made in compromise negotiations

..." (Inthe Matter of Africa Air Comoration, FAA OrderNo. 99-5). "Rule 408's public policy purpose ofencouraging frank 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." (ld.) 5 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." 

### 2

### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent withthe applicable rules,6 

### is received by the presiding judge.7


### 6. The parties are aavised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted bythe 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 notrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

# [kcLQC.~(£ Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

6 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint orparty 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 underthis subpart with prejudice. 7 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Keny James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1; .ill The Matter ofRobert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October27,2004. USAIR, Inc., FAADocket CP90NE0359,Trans World Airlines, Inc., FAA Dockets CP90GL0085, CP90CE0110. CP90CE0114, CP90CE0134, Order of Administrative Law Judge Burton S. Kolko, served AprilS, 1992, p. 2. See "Order Dismissing Complainant's Appeal". InThe Matter ofRobert Harris, FAA DocketNo. CP03EA0001. DMSNo. FAA2005-14, August 15, 2005.


### 3FDMS No. FAA-2012-0876 (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 WilburWright Building-Suite 2WI000 1

Mr. Richard A. Leach, CEO GoJet Airlines, LLC, 

### Respondent 11495 Navaid Road, Suite 303 Bridgeton, MO 63044 ONE COPY

David 

### J. A. Hayes III, 

### Respondent's Counsel Vice-President & General Counsel Trans States Holdings, Inc. 11495 Navaid Road Bridgeton, MO 63044 TEL: 314-222-4316 FAX: 314-222-4311 David 

### B. Kessler, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel, ACE-7 Central Region Federal Aviation Adminh;tration Room 506, DOT Building 901 Locust Kansas City, MO 64106-2641 TEL: 816-329-3763 FAx: 816-329-3771

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWrightBuilding-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

### -4-• i



### The Honorable Richard C. Goodwin, 

### Administrative Law Judge U.S. Department ofTransportation Office ofHearings, M-20, 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: Attorney-Advisor 202-366-2139 StaffAssistant 202-366-5121 FAJ(: 202-366-7536



### -5-.