### SERVED: OCTOBER 5, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### TRANS STATES AIRLINES, LLC. FAA DOCKET NO. [TO BE ASSIGNED] (CivilPenaltyAction) FDMS NO. FAA-2012- 0907



### PROCEDURAL ORDER 

## ·f/:IYlRTMENTOF :**;.;,::~J;?PORTATION** •· ->i\t

### 1

## OPERATIONS IZ OCT
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## q t\ 

### 10: 25

In order to expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1

. The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of 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 onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are notrequired, serve discovery onthe undersigned. Thejudge will not discuss the case with any party,4 orits representative on an ex parte basis. Ifa party has a non-substantive matterto discuss, they should contact, Mr.

1Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. · 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://wwwfaa.gov/ about/office_org/headquarters _offices/ agdpol_ adjudication/agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/t/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 available through LEXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional information, see the Web site. 3 See Linda Joyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations 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 ofthe Federal Rules ofCivil Procedure.). Rule 408 oftheFederal Rules of 1

### 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 St. Louis, MO

..; 2. On orbefore January 4, 2013, the parties shall conclude all discovery including, butnot 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 presentthis case at a hearing on or after January 4, 2013 5

, 

### 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 atthe 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 briefbythe 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, 6 

### is received by the presidingjudge.7 · 

### 6. The parties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe delayed Evidence "

...prohibits the admission ofstatements made in compromise negotiations

..." (In the Matter of Africa Air Corporation, FAA OrderNo. 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." (ld.) 5 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 day's notice of the date, time and location ofthe hearing." 6 14 C.F.R. § 13.215 states: At any time before or during ahearing, an agency attorney may withdraw a complaint or party may withdraw arequest for ahearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or aparty withdraws the request for ahearing and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpart with prejudice. 7 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Ken:y James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at I 

### 2due 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 notrequired, to file submissions byprivate delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service ofpleadings.

# 'rLJr-~ ichard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List



### 3

### SERVICE LIST 

### FDMS No. FAA-2012-0907 (Civil Penalty Action)

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 

### Mr. Richard A. 

### Leach, CEO Trans States Airlines, LLC, 

### Respondent 11495 Navaid Road, Suite 303 Bridgeton, MO 63044 David J. A. 

### Hayes III, 

### Respondent's Counsel Vice-President & 

### General Counsel Trans States Holdings, Inc. 11495 Navaid Road Bridgeton, MO 63044 TEL: 314-222-4316 FAX: 314-222-4311 David B. 

### Kessler, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel, ACE-7 Central Region Federal Aviation Administration

.Room 506, DOT Building 901 Locust Kansas City, MO 64106-2641 TEL: 816-329-3763 FAX: 816-329-3771

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., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

### -4-

### FDMS No. FAA-2012-0907 (Civil Penalty Action)

The Honorable Richard C. Goodwin, 

### AdministrativeLawJudge U.S. Department ofTransportation Office ofHearings, M:-20, 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: Attorney-Advisor 202-366-2139 StaffAssistant 202-366-5121 FAX: 202-366-7536



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