### SERVED: August 19, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF MEYERLABORATORY, 

### INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2013- 0618

PROCEDURAL ORDER**~.~P' '")-~**  

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In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceedirig are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Thoserules provide, inter alia, that the Respondent must file a written Answer or motion withinthirty (30) days after service ofthe Complaint (14 C.P.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 ofeach allegation inthe Complaint (§ 13.209(f)), and that, absent agreement ofthe parties,

# aparty 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, 14 CFR § 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficientknowledge orinformation to admit or deny, eachnumbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied inthe answer maybe deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: http://dms.dot.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:/lwww.faa.gov/ about/ office_orglheadquarters_offices/ age/pol_adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgiltltext/text-idx?c=ecfr&tpl=lecfrbrowse/Tit/e14/14tab

_02.tp/. In addition, Thomson Reuters/West Publishingpublishes 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

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that allegation. A general denial ofthe complaint is deemed a failure to file an answer. 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 maybe effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are notrequired to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Ifa partyhas a non-substantive matter to discuss, they should contact Mr. Ira Leibowitz, Attorney/Advisor (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 Kansas City, MO.; 2. On orbefore December 1, 2013, the parties shall conclude all discovery including, butnot limited to, depositions, documentproduction, 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 December 1, 2013 4

, subjectto 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 at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthetranscript; Respondent shall its brieffifteen (15) days

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in orderto foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made inthe course of settlementnegotiations. 4 14 C.P.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree ontentative hearing dates, they are encouraged to discuss those dates with Mr. Leibowitz and/or Ms. Matthews in orderto getthe dates reserved onthejudge's calendar. 2

### thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistent with the applicable tules,5 

### is received by the presiding judge. 6 

### 6. 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 may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnot required, 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

5 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 andthe answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: Inthe Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerrv James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 3SERVICE 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 2W1000 1



### Kate Barber, Complainant's Counsel 

### Attorney, Office ofthe Regional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration 2300 East DevonAvenue Des Plaines, IL 60018 TEL: 847-294-7862 FAX: 847-294-7498 Terry Oles, Vice President ofOperations Meyer Laboratory, Inc., Respondent 

### 2401 NW Jefferson Street Blue Springs, MO 64015 ONE COPY



### The Honorable Richard C. Goodwin,Administrative Law.Judge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX: 202-366-7536 FDMS Nos. FAA-2013-0618 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orJ:>y expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

4