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] 

(Civil Penalty Action) 

FDMS NO. FAA-2012- 0907 

PROCEDURAL ORDER 

·f/:IYlRTMENT OF 

: ;.;,::~J;?PORTATION 

•· ->i\t 1 OPERATIONS 

IZ OCT - q t\ 10: 25 

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

Procedural Schedule set forth hereinbelow1

. The Rules of Practice for this proceeding 

are set forth in 14 C.P.R. Part 13, Subpart G, of the Federal Aviation Regulations2

• 

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.3 Compromise may be effected with or 

without a finding of violation (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. 

The judge will not discuss the case with any party,4 

or its representative on an ex 

parte basis. If a party has a non-substantive matter to discuss, they should contact, Mr. 

1 Materials 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 of the decisions, the Rules of Practice, 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 Docket No. CP89WP0061, Order dated May 30, 1989. 4 "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to 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 of the Federal Rules of Civil Procedure.). Rule 408 oftheFederal Rules of 

1 
Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may 

be addressed to Staff Assistant, 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 or before January 4, 2013, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses 

to production requests and/or interrogatories. If the 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 or after 

January 4, 20135

, subject to the availability of courtroom 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 brief fifteen ( 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) 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 presiding judge. 7 · 

6. The parties are advised that submissions sent to the street address of the 

U.S. Department of Transportation, Office of Hearings, may be delayed 

Evidence " ... prohibits the admission of statements made in compromise negotiations ... " (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging 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 law judge shall give each party at least 60 day's notice of 

the date, time and location of the hearing." 

6 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. 

7 See: In the Matter of Lewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003-

16379, "Order Terminating 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 

2 
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 

of submissions. The parties are encouraged, but not required, to file 

submissions by private delivery service, facsimile, or email. The 

certificate of service shall reflect the manner of service. The parties are 

encouraged to provide email addresses to expedite service of pleadings. 

'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 2W10001 

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 of the 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 in person or by 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. 

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FDMS No. FAA-2012-0907 

(Civil Penalty Action) 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearings, M:-20, 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Staff Assistant 202-366-5121 

FAX: 202-366-7536 

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