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WASHINGTON, DC ?.GtZ IN THE MATTER OF AVIATION REPAIR SOLUTIONS, INC. FAA DOCKETNO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0474

PROCEDURAL ORDER In orderto expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are setforth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• ·Those rules provide, inter alia, thatthe Respondent must file a writtenAnswer or motion within thirty (30) days after service ofthe Complaint (14 C.P.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 inthe Complaint (§13.209(f)), and that, absent agreement oftheparties, a party seeking an extension of time must file a writtenmotionnot less than seven (7) days beforethe 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 sufficientknowledge orinformationto admit ordeny, eachnumberedparagraph ofthe complaint. Any statement orallegation contained inthe complaintthat is not specifically dented inthe answer maybe deemed an admissionoftlietruth of that allegation. A general denial ofthe complaintis deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney andthe Respondent are encouraged to considerthe possibility of

1 Materials filed inthe FAA HearingDocket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 2 TheAdministrator's civilpenaltydecisions, alongwith indexes ofthe decisions, the Rules ofPractice, as well as other materials relatingto civil penalty cases, are available onthe internet at: http://wwwfaa.gov/about/office

_org/headquarters _offices/ age/pol_adjudication! agc400/civil _penalty!,· see also: http://ecfr.gpoaccess.gov/cgilt/text/text-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/14tab

_02.tpl. In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are availablethrough LEXIS (TRANS library) and WestLaw 9FTRAN-F AA database)., For additional information, see the Web site. 

### 1settlement and compromise of this matter. 3 Compromise may beeffected with or without a finding of violation (14 C.F.R. §13.16 (n) (1)). 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, 4 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 (lra.Leibowitz@dot.gov). Administrative matters may be addressed to the judge's, Legal Assistant, 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 Los Angeles/Long Beach, CA; 2. On or before September 7, 2012, 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. The parties shall be prepared to present this case at a hearing on or after September 7, 2012\ subject to the availability of courtroom 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**argum~nts** pursuant to a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieHifteen (15) days after receipt of the transcript; Respondent shall its brief fifteen (15) days 3 See Linda Joyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 4 "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations 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 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of Evidence " ... prohibits the admission of statements made in compromise negotiations ... " (In the Matter of Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging 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.P.R. § 13.221 states: "The administrative law judge shall give each party at least60 days notice of the date, time and location of the hearing." 2**~** "" ---------------- ....thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket untilthe proper written pleading(s), consistent with the applicable rules,6 is received by the presiding judge. 7 6. The parties are advised that submissions senttothe 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. Theparties are encouraged, butnot required, to file submissions byprivate delivery service, facsimile, oremail. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

Attachment

- Service List

6 14 C.F.R. § 13.215 states: At anytime before orduring a hearing, an agency attorneymay withdraw a complaint orparty may withdraw a request for a hearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdrawsthe complaint ora party withdraws therequest for a hearing andthe answer, the administrative lawjudge shall dismiss the proceedings underthis subpart with prejudice. 7 See: Inthe MatterofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", servedFebruary26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1; In The MatterofRobert Harris FAA DocketNo. 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, CP90CEO110, CP90CEO114, CP90CEO 134, Order of Administrative LawJudge Burton S. Kolko, servedApril8, 1992, p. 2. See "OrderDismissing Complainant's Appeal". In The MatterofRobert Harris, FAA DocketNo. CP03EA0001. DMS No. FAA2005-14, August 15, 2005. 

### 3SERVICE 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 Robert L. Toms,. Jr., Respondent's Counsel Gibson Rivera & Toms LLP 527 South Lake Avenue, Suite 105 Pasadena, CA 91101 TEL: 626-405-1122 FAJ<: 626-405-8966 Michael F. McKinley, Complainant's Counsel Senior Attorney, Enforcement Division, AGC-300 Office of the Chief Counsel Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7100 FAJ{: 202-267-5106

The Honorable Richard C. Goodwin, Administrative Law Judge Office ofHearings, M-20 . .,

U.S. Department of Transportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Staff Assistant F AJ<: 202-366-7536

FDMS No. FAA-2012-0474 (Civil Penalty Action) 1 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 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. -4-**~~.** ''!