SERVED: AUGUST 13, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

COLGAN AIR, INC. 

FAADOCKETNO. CP09EA0016 

(Civil Penalty Action) 

FDMS NO. F AA-2009-0580 

· i. UG l 3 P 2: 1 CJ. 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE STAYING PROCEEDINGS 

By notice served June 11, 2013, a Prehearing Telephone Conference was set for 

Wednesday, July 31, 2013, at 2:30p.m., Eastern Time, in the other two pending cases concerning 

Respondent, docketed as FDMS Nos. FAA-2009-0025 and FAA-2009-0028, with all documents 

exchanged but not previous1y·provided to be received by Wednesday, July 24, 2013. By Letter 

faxed to Complainant's Counsel and the Judge on July 26, 2013,1 Respondent's Counsel suggested 

the parties "jointly request that these cases be removed from the July 31 calendar, ... that the 

parties immediately enter into settlement. discussions with the aim of resolving these matters," and 

that any "agreed settlement amounts would then be filed as claims in the pending bankruptcy 

proceeding, along with the $22,000 civil penalty ... assessed against [Respondent]" in the case 

docketed as FDMS No. F AA-2009-0582? 

During the Judge's status call to counsel on July 29, 2013, both sides acknowledged that, 

with Respondent having ceased operations, nothing would be gained from a hearing in either those 

cases or this case. Therefore, the parties stipulated to cancel the prehearing conference and stay all 

1 We suggest that "parties who serve submissions on the Judge by regular mail should also fax, express carrier, or 

personally deliver those submissions," see, e.g., FDMS No. FAA-2009-0025, Order of Chief Administrative Law at 3 

(Feb. 19, 2009); facsimile is not an authorized method of filing or service, see§§ 13.210(a), 13.211(b). 2 Attachment 1 at 2. 
proceedings for 60 days, at which time, absent earlier settlement, the Judge could order a civil 

penalty in each case. Later on July 29, Complainant's Counsel faxed a letter to Respondent's 

Counsel and the Judge, transmitting a proposed order, to be signed after 60 days, memorializing 

the parties' agreement, assessing the civil penalty sought in each Complaint, and dismissing each 

proceeding with prejudice.3 On August 5, 2013, Respondent's Counsel faxed and mailed a letter 

to the Judge and Complainant's Counsel, stating that Respondent was "agreeable to entry of the 

order submitted to [the Judge] on July 29, 2013," in all three cases.4 

For good cause shown, the request is granted. The proceedings are stayed. Absent notifiI 

cation of settlement in the three cases on or before September 27, 2013, an order may issue in any 

unsettled case, deeming the allegations of the Complaint admitted, and the Complaint shall become an Order assessing a civil penalty in the amount sought. 5 

SO ORDERED. 

4 Attachments 

1. Letter to Complainant's Counsel (July 26, 2013) (Dombroff, R.C.), 3 pp. 

2. Letter to Respondent's Counsel (July 29, 2013) (Lewerenz, C. C.), 3 pp. 

3. Letter to Chief Administrative Law Judge (Aug. 5, 2013) (Dombroff, R.C.), 1 p. 

4. Service List 

3

'Attachment 2 at 2. 4

1Attachment 3. 

5 See Colgan Air, Inc., FDMS Nos. F AA-2009-0025 & -0028, Order of Chief Administrative Law Judge 

Adj01!rrning Prehearing Conference and Staying Proceedings at 2 (Aug. 13, 2013). 

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JUL-26-2013 16:41 OOMBROFF GILMORE 

Albllny 

Alfanla 

FACSIMILE TRANSMI1TAL 

To: Name/Company 

Christian Lewerenz, Bsq 

FAA 

McKenna Long &Aldridgew 

111 Washington Avenue • ~ Floor ~--"y,'NY 12210 

Tet 518.935.2400·• Fax: 518.482.4875 

I'IICIHnnalong.com 

Fax No. 

'718-995-5699 

The Honorable Ronnie A. Yoder 102-366-7536 

Chief Administrative Law Judge 

From: Marlc A. Dombroft' 

Phone: 703.336.8700 

Re: Colgan Air 

FAA Docket No. CP09EA0002 .& CP09BA005 

Nwaber of Paces (iDcludiDg cover): _3_ 

COMMENTs 

Confidl!ltlllty Nottft 

'7033:368'751 P.01/03 

Mlr1tltrnVirglnta 

Ol'triG•~ 

Rllncllo ... Fe 

IIMD!tp 

Sin lt!wncl-

....... WelltlllgiDn, OC 

Date: July 26, 2013 

Phone No. 

The informatlOrt contained in this &caimile Is legally privileged and confidential Information lnflend.ed cmly 1br the use of the 

individual or t/1\tity t\IIIMii &hove. If the toa<W of this meuage Is not the intended reeipicnt, you arc hereby notified that lillY 

diascmlnatlon, distriblllion or copy of this telecopy is slr'lc:tly prohibited. lf you have reoelwcl WA wlecopy In error, please 

immediately notify us by telepb01te and return the orl&lnal message to us at the address above. Tharlk you. 

If transmission is unclear or incomplete; please eaU sender at the above pbone number" 

Attachment 1 

-3-
OOMBROFF GILMORE 

Albany 

AUaniB 

Bnaele 

Denver 

L.oa~eles 

Mllml 

NewVOitc 

MARK A. OOMSROI'f 

703.336.8700 

VIA FACSIMILE (718-995-5699) 

Christian L. Lewerenz, Esq. 

Office of Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Rc: Cotaan Air, Ino. 

McKenna Long 

&: Aldridge.u 

1676 tllemational Ortve • Penmouse 

Mc!Aan, VA 22102 

Tel: ?03;336.8800 

mckerm&long.com 

July 26, 2013 

FAA Docket Nos. CP09BA0002 and CP09EAOOOS 

Dear Mr. Lewerenz: 

7033368'751 P.02/03 

Nllftlltii'IVII;Irlle 

OnlngeCounty 

RMchoS.maFe 

S.nOieQa 

San~ 

,._,. 

Wlslllnf\011, oc 

As you know, a Preheating Scheduling Conference has been set for July 31,2013, at 2:30 

p.m. before Judge Yoder in FAA Docket Nos. CP09BA0002 and CP09EA0005. Given the fact 

that Colgan Air, Inc. ("Colgan") is currently in bankruptcy, we respectfully suagest that the 

parties jointly request that these cases be removed from the July 31 calendar, and that the parties 

immediately enter into settlement discussions with the aim of resolving these matters. The 

agreed settlement amounts would then be flled as claims in the pending bankruptcy proceeding, 

along with the $22,000 civU penalty that has been assessed against Colgan in FAA Dooket No. 

CP09EA0001B. We note that our recent review of the Pinnacle Airlines Coxp. banlauptcy 

docket in the Southern District ofNew York, Bankruptcy Petition# 12-113434-reg., did not 

locate any reference to a filing with respect to the civil penalty in Docket No. CP09EA00018. 

Please let us know if this cow:se of action meets with your approval. If so. we will 

prepare a joint request to Judge Yode:r. 

Attachment 1 

-4-
Jl.l..-26-2013 16=41 '7033368751 P.B3/03 

Christian L. Lewerenz, Esq. 

July 26,2013 . 

Page2 

Should you have any questions regardina this proposal, please to not hesitate to contact 

us. 

cc: Heather Frendl, Esq. (hcathet.french@faa.gov) 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

Fax: 202·366· 7536 

Attachment 1 

-5-

TOTFL P.03 
JUL. 29. 2013 3:56PM F A A REGIONAL COUNSEL, AEA-7 NO. 7571 P. 2/3 

1013 JUL 2CJ P 3: 59 

u.s. Department 

of Transportation 

Federal Aviation 

Administration 

Telephone Facsimile 

July 29, 2013 

Eastern Region 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

Room E12-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Tel: 202-366-2142 

Fax:202~6-7536 

Judge YOder: 

Re: In the Matter of Colgan Air, Inc.; 

CP09EA0002, -0005,-0016. 

Offtce of Regional Counsel 

1 Aviation Plaza 

Jamaica, NewYork 11434 

Fax: 1111-99$.5699 

Tel: 718·553-.3278 

E.-Mall: chrlstlan.tewerenz@faa.gov 

This Is to confirm that the Complainant conc:urs with Respondent's request to cancel the 

prehearlng conference currently scfleduled for July 31, 2013. This Is to allow for addHional time to 

reach a settlement In these cases. In the event no settlement is reached by September 27, 2013, 

the Complainant requests that that in each case an Order of CMI Penalty be entered. 

Sincerely, 

Alfred R. Johnson 

~-<·· ChriStian 

Attorney 

cc: Mark A Dombroff, Fax: 703-336-8751 

1 

Attachment 2 

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JUL. 29. 2013 3:56PM F A A REGIONAL COUNSEL, AEA-7 

UNITED STATES OF AMERICA 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

COLGAN AIR, INC. 

FAA DOCKET NO. CP09EA0002, -0005, -0016 

{Civil Penalty Action) 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

DEEMING ALLEGATIONS ADMITTED AND 

ASSESSING CML PENALTY 

NO. 7571 P. 3/3 

On July 29, 2013, Complainant and Respondent agreed In a conference with the Chief 

Administrative Law Judge to cancel a July 31, 2013 Prehearlng Conference for the purpose of 

conclUding the settlement of these cases. Respondent was Involved In a bankruptcy proceeding. 

The parties further agreed that at the end of a 60-day period or by a specified date, were no 

settlement to be reached In these cases, aJtematively the Chief Administrative Law Judge would 

enter an Order of CMI Penalty In each .of these cases. 

The 60-clay period and the specified date, September 27, 2013, have each passed without a 

notlca received from the parties that these cases have been settled. 

As a result and by prior agreement between the parties, the undersigned hereby orders that the 

allegations in each Complaint are deemed admitted, a civil penalty in the amount sought In each 

Complaint Is assessed against the Respondent, and each proceeding is dismissed with prejudice. 

SO ORDERED. 

Hon. Ronnie A. Yoder . 

Chief Administrative Law Judge 

Date 

2 

Attachment 2 

-7-
JUL. 29.2013 3:56PM F A A REGIONAL COUNSEL AEA-7 

To: ~ .. J.... .. , ( (~ f7U,..,, 

Company. 

Phone: 

/&,;~~,v~ A· yc~ 

Ct::IT -o~ct! ~ ~A/GS 

2cn-- 3'G-'2r'f'L 

'2o2-- '3 C.G- /S3C:.. 

From: <::!.--· ~~6 , 

Tl!l8; /11'1"~ 

Date: 7-z.e;- t3 

Pages: 3 

CC: ~,4._ ~~t=-1 .-set. 

~ ~--:i3~-~.· 

lf7Sv 

NO. 7571 P. 1/3 

FederaJ AvJatlon 

Administration 

Regional Ccl.JI'1S8rs Office 

1 Aviation PIP.za, Room 561 

Jamaica, New York 11434 

T718-553-

F ?lB-996-5699 

Ename 

.. :·;-_·-· .:..-..:.:.:... . .... : .. :..:..::_: .. __:..:.=·::......_:.::-:_· -· :--;.:._·· -··:·:::..:....:.....-:.:.:;.:...:__:·.:_····_: ·,...:.:...;....:._ •.• -::.::.:;.::_ .. ....:::= .... _:.:: ____:·-:_-:.::__..: :.:.:..: ..... 

CONFIDENTIALITY NOTICE 

This facsimile and the docurnent(s) accompanying this focsimile transmission contain confidential 

information that is legally privileged. The information is intended only for the use of the recipient 

named above. If you have received this facsimile in error, please immediately notify this office by 

telephone. You are hereby notified that any disclosure, copying, disuibution, or taking any action in 

reliance on the content of this facsimile infonnntion is strictly prohibited. 

Attachment 2 

-8-

. I 
Albany 

Adanta 

.Srunels 

o ........ 

los Angeles 

Miami 

New York 

McKenna Long 

& AldridgeLLP 

tJ.!:'!"'t'"''' "": ~,., _~o•:'tJI~~nal Drive • Penthouse · · r , ' .• ' • ,. Mclean, VA.221 02 

lek 703. 336;8800 

2013 AUG I 3 A 1: ~kennalong.com 

Northem lllrginla 

Orang11 County 

Rancho Santa Fe 

Son Diego 

San Francisco 

Washington, OC 

MARK A. OOMBROFF 

703.336.8700 

August 5, 201~ 

VIA FACSIMILE AND FIRST CLASS MAIL . 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S Department of Transportation 

Office of Hearings, M-20 

Roorn E12-320 · .. 

1200 New Jersey Avenue,·S.E. 

Washington, D.C. 20590 

' 

Re: Colgan Air, Inc. 

FAA Docket No. CP09EA0002, •0005, -0016 

Dear Judge Yoder: 

Our client is agreeable to entry of the order submitted to you on July 29, 2013, in the 

above.referenced matter. 

We look forwUrd to achieving a .resolution of these matters with the Federal Aviation 

Administration and advising you of such. 

Thank you for your patience. 

MAD 

cc: Chris Lewerenz 

Attachment 3 

-9-
FAA Docket No. CP09EA0016 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Was4ington, DC 20591 

Attenftion: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl0006 

ONE COPY (VIA FIRST CLASS MAIL, FOLLOWING FAXED COURTESY COPY) 

Mark A. Dombroff, Respondent's Counsel 

McKenna Long & Aldridge, L.L.P. 

1676 International Drive- Penthouse 

McLean, VA 22102 

TEL: 703-336-8700 

FAX: 703-336-8750 

W. Chris Harrison, 

Counsel for Pinnacle Airlines, Corp. 

In-House Counsel 

. Pinn~cle Airlines, Corp. 

40 S. Main Street, 14th Floor 

Memphis, TN 38103 

TEL: 901-348-2483 

Colgan Air, Inc., Respondent 

One Commerce Square 

40 S. Main St. 

Memphis, TN 3 8103 

Christian L. Lewerenz, Complainant's Counsel 

Office ofthe Regional Counsel, EAL-7 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3273 

FAX: 718-995-5699 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

6 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 2W1000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

-10-