## SERVED: DE<:;EMBER 13, 2012
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### MAGORIEN HONING & 

### HYDRAULICS

FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0908



### PROCEDURAL ORDER In orderto 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• Thoserules provide, inter alia, thatthe Respondent must file a writtenAnswer ormotion withinthirty (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 Answerwithout good cause is deemed an admission ofeach allegation in the Complaint (§13.209(f)), andthat, 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 thatthe person is without sufficient knowledge or information to admit ordeny, 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 that allegation. A general denial ofthe complaint is deemed a failure to file an answer. UnderFAA Order 2150.3B and the Rules governing these proceedings, the Agencyattorney andthe Respondent are encouragedtoconsiderthe possibility of

1Materials filed inthe FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 2 The Administrator'scivil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www jaa.gov/ about/ office_org/headquarters _offices! agc/pol_adjudicationl agc400/civil _penalty!; see also: http://ecfr.gpoaccess.govlcgi/tltext/text-idx?c=ecfr&tpl=lecfrbrowseiTitlel4/ 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.settlement 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 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. Thejudge will not discuss the case with any party,4 or its representative on an ex parte basis. Ifa party has a non-substantive matter to discuss, they should contactMr. Ira Leibowitz 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 Los Angeles, CA.; 2. On orbefore January 25, 2013, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, 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 presentthis case at a hearing on or after January 25, 2013 5

, subjectto the availability ofcourtroom facilities. The specific date and time for the hearing 

### 'Yill 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.

3 See LindaJoyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 "Thepublic policy offavoring and encouraging settlement makes 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 oftheFederal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of Evidence "

...prohibits the admission ofstatements made in compromise negotiations

..." (Inthe Matter of Africa Air Cor.poration, FAA Order No. 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." (Id.) 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." 

### 25. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,6 is received by the presiding judge. 7
6. 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 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, butnot required, to file submissions by private 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.

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

- Service List

6 14 C.P.R.§ 13.215 states: At any time before or during ahearing, an agency attorney may withdraw a complaint orparty may withdraw arequest for ahearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or aPartY withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpartwith prejudice. 7 See: Inthe Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, 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; In The Matter ofRobert 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. CP90CE0110. CP90CE0114. CP90CE0134, Orderof Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "OrderDismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA DocketNo. CP03EAOOO1. DMS No. FAA2005-14, August 15, 2005.


### 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 2W10001



### Neel Viradia, General Manager Magorien Honing & 

### Hydraulics, 

### Respondent 1212 South Vail Avenue Montebello, CA 90640 TEL: 323-723-1151 FAJ(: 323-888-1154 Email: www.magorien.com Doug Griffith, 

### Respondent's Counsel Law Office ofDoug Griffith 633 W. 5th St., SE 2800 Los Angeles, CA 90071 TEL: 213-223-2092 FAJ(: 213-814-4530 Email: doug@douggriffithlaw.com ONE COPY



### Michael F. McKinley, 

### Complainant's Counsel Senior Attorney, Office ofthe ChiefCounsel Enforcement Division, AGC-300 Federal Aviation Administration 800 Independence A venue, SW Washington, DC 20591 TEL: 202-267-7100 FAJ(: 202-267-5106 The Honorable Richard C. Goodwin,Administrative LawJudge 

### U.S. Department ofTransportation · Office ofHearings, M-20 1200New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: Attorney-Advisor 202-366-2139 StaffAssistant 202-366-5121 FAX: 202-366-7536 FDMS No

..FAA-2012-0908 (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;, WilburWrightBuilding-Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.
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