I 

### SERVED: May 5, 2015 ' :

.... 4 ., U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC "' • .J • • : - ·-

IN THE MATTER OF RUGBY AVIATION Docket No. FAA-2015- 0642
PROCEDURAL ORDER In orderto expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow'. The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13. Subpart G, ofthe Federal Aviation Regulations2

. Under FAA Order2150.38 and the Rules governing these proceedings, the Agency attorney a':ld the Respondent are encouraged to considerthe possibility of settlement and compromiseofthis matter3

. Compromise may be effected with or without a finding ofviolation ( 14 C.F.R. §13.16 (n) (I)). NOTE: This presiding Judge does not require "Discovery" be served on the 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 to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121] (Patricia.Malthcwsrivdot.eov).

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) are also available tor viewing at hllp:/:\rll'\r.rl!gulatiuns.gcw. For additional information see: hlle:i/rfms.Jots_uo,;. 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 on the internet at: http: /lwww.faa.govl about/ office_orglheadquarters_c?fficesl agdpvl_ adjudicalion/ agc400/civi /_[Jenaltyl: see also:**hllp:llec..fr.gpoaccess.gvv!cgiltltextltext-idr?c=e~{r&**tpl=lecfrhriJwse/Title/4114tah_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. 3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652. 653 ( 4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statementsmade in the course of settlement negotiations.**·~.**

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# ...WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: I. Venue shall be Seattle. W

### A.; 2. On or before August I. 2015. the parties shall conclude all discover)' 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 on orafter August I, 20154
, 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 afterreceipt ofthe transcript; Respondent shall its brieffifteen (15) days 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. is received by the presidingjudge.5 · 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 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, oremail. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service ofpleadings. 7. All documents are to be submitted to the undersigned as follows:
4 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 ofthe administrative law judge. Ifan agency attorney withdraws the complaintor a party withdraws the request for a hearing and the answer. the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice
... 5 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge. FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding". served January 16. 1991. at I. 2

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HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthewsr(!)dot.gov). All other matters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative LawJudge Attachment- Service List

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SERVICE LIST- BY U.S. 

### MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1 000 1

President Rugby Aviation, 

### L.L. C.,**Re.~pondent** 4167 Mitchell Way Bellingham, WA 98226 J.C. Becker, 

### Respondent's Counsel PO Box 13253 Mill Creek, WA 98082-1253 TEL: 425-280-2004 Email: jcm1lojcb.com Robert Spitzer, 

### Complainant's Counsel Federal Aviation Administration Northwest Mountain Region (ANM-7) 1601 Lind Avenue Southwest Renton, WA 98057 TEL: 425-227-1847 FAX: 425-227-1007 

### ONE COPY

The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2015-0642 (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 2W 1000, Washington. DC 20591: Attention: Hearing Docket Clerk, AGC-430. 4