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### SERVED: JANUARY 24, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
IN THE MATTER OF GRANT AVIATION, INC.

.FAADOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 1261

PROCEDURAL ORDER 

### In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1

. The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Those rules provide, inter alia, thatthe Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint (14 C.F.R. 

### § 13.209(a)), that a general denial is deemed a failure to file an Answer(§ 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 must file a written motion not 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 that the person is without sufficient knowledge or informationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of

1 Materialsfiled inthe FAAHearingDocket (except for materials which are sealed) also available for viewingat http://www.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator'scivil penalty decisions, along withindexes ofthe decisions, the Rules ofPractice, as well as other materials relatingto civil penalty cases, are available onthe internet at: http://www.jaa.gov/ about/office_orglheadquarters _offices/age/pol_adjudication/agc400/civil _yenaltyl; see also: http:llecfr.gpoaccess.govlcgiltltextltext-idx?c=ecfr&tpl=lecjrbrowse/Title14114tab

_02.tpl. In addition, ThomsonReuters/WestPublishingpublishes Federal AviationDecisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAAdatabase. For additional information, see the Web site.{ 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 consider the possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation 

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### NOTE: This presiding Judge does not require "Discoveryi' 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 to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, or representative on an ex parte basis. Ifa party has a non-substantive matter to discuss, they should contact Mr. Ira Leibowitz, Attorney/Advisor (202)366-2139 (h:!!1&!.b.o.wit?;.@.d9.tgQy). 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 Anchorage, AK.; 2. On or before March 29, 2013, theparties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing onor after March 29, 2013 4
, 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 pursuant to 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

3 "The public policy offavoring and encouraging settlementmakes necessary the inadmissibility of settlementnegotiations inorderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652,653 (4 Cir. 1988); Wright

### 8i Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations.
. 4 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." Ifthe parties can agree on tentative hearing dates, they are encouragedto discuss those dates with Mr. Leibowitz and/orMs. Matthews in orderto get the dates reserved on thejudge'scalendar. 2

### 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 written pleading(s), consistent with the applicable rules, 5 

### is received by the presiding judge. 6 

### 6. The parties are advised that submissions sent to the street address oftheU.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 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.

Richard C. Goodwin U.S. Administrative Law Judge
Attachment

- Service List

5 14 C.F.R. § 13.215 states: "Atany time before or during a hearing, an agency attorney may withdraw a complaintorparty may withdraw a requestfor ahearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or aparty withdraws the requestfor a hearing and the. answer, the administrative lawjudge shall dismiss the proceedings underthis subpart with prejudice." 6 See: Inthe MatterofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminatingProceeding", served February 26, 2005; citingKerrv James Eldridge, FAA Docket CP89GL0458, "OrderCancelingHearingandTerminatingProceeding", served January 16, 1991, at 1. 3

### 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



### Brent R. 

### Cole, Respondent's Counsel 

### Law Office ofBrent R. 

### Cole, P.C. 821 N Street, Suite 208 Anchorage, AK 99501 TEL: 907-277-8001 FAX: 907-277-8002 ONE COPY

Glenn 

### H. Brown, Complainant's Counsel 

### Senior Attorney, Office ofthe Regional Counsel Alaskan Region Federal Aviation Administration 222 W. 7th Avenue #14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 The Honorable Richard C. 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 FDMS No. FAA-2012-1261 (Civil Penalty Action)

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., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 4