SERVED JUNE 3 a 2011 ilOFERATP'^^ 

ARTMENT OF 

'SPORL-VriON 

v;5 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

:.::i M - I P |: 21 

IN THE MATTER OF 

M&R HELICOPTERS, LLC 

FAA DOCKET NO. CPlOSOOOl 1 

(Civil Penalty Action) 

FDMS NO. FAA-2010 - 1211 

AMENDED PROCEDURAL ORDER 

This matter will not be scheduled for hearing prior to September 1, 2011. 

In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow'. 

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 of this matter.^ Compromise may be effected with or 

without a finding of violation (14 C.F.R. $13.16 (nUU). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

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. 

The judge will not discuss the case with any party, or its representative on an ex 

parte basis. If a party has a non-substantive matter to discuss, they should contact the 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). 

Administrative matters may be addressed to the judge's. Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthews@dot.gov). 

' Materials filed in the FAA Hearing Docliet (except for materials filed in security cases) are also available 

for viewing at http://www. regulations, gov. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

1 
WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Allentown/Bethlehem, PA.; 

2. On or before September 1, 2011, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses to 

production requests and/or interrogatories. If the parties cannot resolve a 

discovery dispute they shall submit the dispute to the undersigned for resolution 

in a timely manner; 

3. NOTICE IS HEREBY GIVEN the parties shall be prepared to present this case 

at a hearing on or after September 1, 2011^, subject to the availability of 

courtroom facilities. 

4. The parties will have the opportunity to file Post-Hearing briefs and arguments 

pursuant to a schedule to be determined at the hearing. For guidance, the 

following schedule is typically used: Complainant shall file its brief fifteen (15) 

days after receipt of the transcript; Respondent shall its brief fifteen (15) days 

thereafter; and any rebuttal brief by the Complainant shall be filed seven (7) 

days thereafter. 

5. Settled cases will not be removed firom the hearing docket until the proper 

written pleading(s), consistent with the applicable rules,"* is received by the 

presiding judge.^ 

6. The p£irties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, 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 of submissions. The parties are 

^ 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

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 of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26,2005; citing Kerry James Eldridge. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; hi The Matter of Robert Harris FAA Docket No. CP03EA0001. 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. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Biulon S. Kolko, served April 8,1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15,2005. 
encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect tlie manner of service. 

^hard C. Goodwin 

I U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CPlOSOOOl 1 

(Civil Penalty Action) 

REVISED 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' 

ONE COPY 

Michael Selig, MD, FACC, CFI-H, 

Respondent's Representative 

2816 Orefield Road 

Allentown, PA 18104 

TEL: 610-360-3953 

FAX: 

Charles Raley, Complainant's Counsel 

Attorney, Enforcement Division/AGC-3 00 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-3357 

FAX: 202-267-5106 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-3 20 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

' 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 2W1000, Washington, 

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