( 

### SERVED: October 22, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### CHEMSYSTEMS, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0911


### AMENDED PROCEDURAL ORDER Ourprevious Procedural Order is amended as set forth below. ! I 1**~c**T ,-,; 

### 3 ""' ' •'



### Thejudge will not discuss the case with any party,1 

### orits representative onanex parte basis. Administrative matters may be addressed to StaffAssistant, Patricia A. 

### Matthews [202-366-5121] (Patricia.Matthews@dot.gov). All other matters shouldbe addressed to the undersigned inwriting/emai1. 2 

### WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. 

### Venue shall be Houston, TX.; 

### 2. Onorbefore March 3, 2014, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersignedfor resolution in a timely manner;

1 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations 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 ofthe Federal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of 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 penaltyproceedings as it is in Federal Trials. Hence, its guidance will be followed in these proceeds." (ld.) 2 Mr. Leibowitz retired on 20130930. 

### 1 J\ CJ: 

### 3I ' ' r•

### 3. The parties shall be prepared to presentthis case at a hearing on or after March 3, 

### 20143, 

### subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. The parties should advise the court oftheir availability/non-availability for hearing on orbefore February 3, 2014. 4. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent withthe applicable rules,4 

### is received bythe presiding judge. 5 

### 5. 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 maybe "irradiated", which.affects the quality ofsubmissions. The parties are encouraged, but notrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

3 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." 4 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or 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 DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating 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 ofRobett Harris FAA Docket No. CP03EA0001. OMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR. Inc., FAA Docket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GI.,9085, CP90CE0110, CP90CEOII4, CP90CEO 134, Order of Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing Complainant's Appeal". InThe Matter ofRobert Harris, FAA DocketNo. CP03EAOOO 1. DMS No. FAA2005-14, August 15,2005.
2FDMS No. FAA-2012-0911 (Civil Penalty Action) SERVICE LIST-BYUS. MAIL & FAX

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 Nancy Meikle, President ChemSystems, Inc., 

### Respondent 10101 Genard Road Houston, TX 77041 Robert Fling, 

### Respondent's Counsel S. Robert Fling, PLLC. P.O. Box411, Katy, TX 77492 5518 Fifth Street, Suite C Katy, TX 77493 TEL: 281-391-2003 FAX: 281-727-0082 Courtney Adolph, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Western-Pacific Region, AWP-7 Federal Aviation Administration P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7128 FAX: 310-725-6816

1**Ser~ice** was by U.S. Mail. For service in person 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. 3

### The Honorable Richard C. Goodwin,Administrative LawJudge 

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

4