SERVED OCTOBER 1, 2010 

)^PARTMENT OF 

U.S. DEPARTMENT OF TRANSPORTATION PAMSPORTATiON ^ 

OFFICE OF HEARINGS ":'JfA OPERATIONS 

WASHINGTON, DC 

;rsn nci - u A lO- 35 

IN THE MATTER OF 

BRADLEY WHEELER 

FAA DOCKET NO. CPIONM0009 

(Civil Penalty Action) 

DMS No. FAA-2010 - 0793 

PROCEDURAL ORDER 

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

Procedural Schedule set forth hereinbelow'. The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations^. 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the 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 of each allegation in the Complaint 

(§ 13.209(f)), and that, absent agreement of the 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, 14CFR$ 13.209(e) states: 

A person filing an answer shall admit, deny, or state that the person is without 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

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

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

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

http://M^vw.faa.gov/ahout/o1fice org/headquarlers offices/'agc/pol cidjvdicatioivagc40()'ciYil penalty/; see 

also: http://ecfr.gpoaccess.gOv/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tab_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. 

1 
I. 

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 

vvithout a finding of violation (14 C.F.R. $13.16 (n) (D). 

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 (lra.Leibovyitz@(|ot.gov). 

Administrative matters may be addressed to the judge's, Legal Assistant, PatMatthews 

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

This matter will not be set for hearing prior to January 1, 2011. 

WHEREFORE, the parties be and are hereby ORDERED to adhereto the 

following procedural schedule: 

1. Venue shall be Anchorage, AK.; 

2. On or before December 31, 2010, the parties shall conclude all disco^»i^y 

including, but not limited to, depositions, document production, respoE^es to 

I production requests and/or interrogatories. Ifthe parties cannot resole;a 

discovery dispute they shall submit the dispute to the undersigned fotrflsolution 

in a timely manner; 

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

at a hearing on or after January 1,2011^, subject to the availability ofsobwrtroom 

fecilities. v jF 

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

pursuant to a schedule to be determined at the hearing. For guidaacs^||ei ' 

following schedule is typically used: Complainant shall file its brief fi||bn( 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) 

I days thereafter. 

5. Settled cases will not be removed fi-om the hearing docket tmtil the ]^p&: 

written pleading(s), consistent with the applicable rules,^ is received%ff^ 

presiding judge.^ .;« "^ 

' See Linda Jovee Goodman. FAA Docket No| CP89WP0061, Order dated May 30,1989. »* 

* 14 C.F;.R. § 13.221 states: "The administrative law judge shall give eadi party at least gO^di^'Snodce of 

the date, time and location of the hearing." ;'4 
The parties 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 affectsjhe-quaiity of submissions. The parties are 

encouraged, but not requiredrtoiile suJjHHSs^ions by private delivery service, 

facsimile, or email. The/<5ertificate jgi'^seoi'rcfe'shaifleflect the manner of service. 

Licharc 

U.S. Administrative Law'Judge 

Attachment - Service List 

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; In 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. CP90CE0I34. Order of 

Administrative Law Judge Burton 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. 
•'•*:-W 

FAA Docket No, CP10NM009 

(Civil Penalty Action) 

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 2W1OOO' 

ONE COPY 

Bradly D. Wheeler, Respondent 

115 Lillian Drive 

Sitka, AK 99835 

Howard L. Martin, Jr., Complainant's Counsel 

Office of the Regional Counsel 

Alaskan Region 

Federal Aviation Administration 

222 W^. 7*^ Avenue #14 

Anchorage, AL 99513-7587 

TEL: 907-271-5271 

FAX; 907-271-2800 

TTie Honorable Richard C, Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U. S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 u 

TEL: 202-366-2139 Attorney-Advisor -, 

202-366-5121 Legal Assistant * « 

FAX: 202-366-7536 i«8l^; 

' Service was by U.S. Mail. For service in person or by exp^ited courier, iHfC the followijig 

Aviation Administration, 600 Independence Avenge, S.W., ^4lbur Wright fi»ilding—SuiteiWl 

DC 20591; Attention: Hearing Docket Clerk, AGCUSO. r