SERVED: FEBRUARY 16, 2012 

U.S. DEPARTMENT OF TRANSPORTATION '- F;A:^!S^'ORTAi iGM 

OFFICE OF HEARINGS 'Oy \^t] OPhRATIO^o 

WASHINGTON, DC 

ml m !b p ?:-iio 

IN THE MATTER OF 

EVERGREEN INTERNATIONAL AIRLINES, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMSNO. FAA-2012-0022 

PROCEDDRAL ORDER 

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

Procedural Schedule set forth hereinbelow'. The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations". 

Tliose rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the CompIaint(14 C.F.R. § 13.2Q9(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 of each allegation in the Complaint 

(§13.209(0). and that, absent agreement of the parties, a party 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, I4CFR§ 13.209(e) states: 

A person filing an answer shall admit, deny, or state that the person is without 

sufficient ki^owledge or infomiation to admit or.deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of-the truth of 

that aliegafion. A general denial of the 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 consider the possibility of 

' Maleriais filed in the FAA Hearing Docket (except lor materials filed in security cases) are also available 

for viewing at hl(p://www.regulations.^ov. 

" 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 inlemet at: 

htrp://www/aa.gov/abniU/oJpcej)f'g/headqiiariersjofficcs/agc/polj2djiidiccilion/a^c^ see 

also: hiip://ecfr.gpoaccess.gov/cgU{/iexi/lexl-idx?c=ecfr<&ipl^/ecfrbro\\'se/Tiile14/i-flab_02.ipl. In 

addition, Thomson Reuters/Wesi Publishing publishes Federal Aviation Decisions. Finally, the decisions 

are available through LEXIS (TRANS librar>') and WestLaw 9FTRAN-FAA database). For additional 

information, see the Web site. 
settlement and compromise of this matter.^- Cotiipromise may be effected with or 

without a finding of violation (14C.F.R. j?I3.16(n) (1)). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

Jtidge. 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, or its representative on an ex 

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

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 nra.Leibowitzi@dot.gQv). 

Administrative matters may be addressed to the judge's, Legal 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 Portland, OR.; 

2. On or before May 4, 2012, the parties shall conclude all discovery including, but 

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

requests and/or interrogatories. If the parlies caniiot 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 May 4, 

2012^, subject to the availability of courtroom facilities. The specific date and 

time for the hearing will be forthcoming in a sei^arate 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 r^;buttal brief by the Complainant shall be filed seven (7) days 

thereafter. 

' See Linda Joyce Goodn^an. FAA Deckel No. CP89WP0061, Order dated May 30. 1989. 

•* "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to foster frank discussions". (Fiberulass Insulators. Inc. v Dupuv. et al, 

(856 F. 2d 652, 26 Fed. R, Evid. Serv. 1225, 1988. See also Coakley & Williams Construction. 

Incorporated v Structural Co(?crete 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 of the Federal Rules of 

Evidence "...prohibits the admission of statements made in compromise negotiations..." fin 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 i( is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

' 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the dale, time and location of the hearing." 
5. Settled cases will not be removed from the hearing docket until the proper written 

pleading(s), consistent with the applicable rules,*" is received by the presiding 

judge."' 

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 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 qtialily of submissions, 'fhe parties are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall refiect the manner of service. 

lichard C. Goodwin 

l.S. Administrative Law Judge 

Attachment - Service List 

14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney riiay 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 pany withdraws the request for a hearing and the 

answer, ihe administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridae. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at I; In The Matter of Robert Harris FAA Docket No. CP03EA000I. DMS No. FAA-2Q02-14236.. Orders 

dated October 18, 2004 and October 27. 2004. tJSAIR. Inc.. FAA Docket CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GLQ085. CP90CE0110. CP90CE0114. CP90CEOI34. Order of 

Adminisiraiive Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA00a I. DMS No. FAA2005-14, August 15,2005. 
FDMSNo. FAA-2012-0022 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, SAV 

Washington, DC 20591 

Attention. Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Catherine V. Dammel, RespofideiU'sCounsel 

DammelLaw, PLLC 

1200 Fifth Avenue, Suite 1920 

Seattle, WA 98101 

TEL: 206-624-9914 

FAX: 206-624-9827 

David F. Shayne, Complainani'sCounsel 

Attorney, Office of the Regiotial Counsel 

Northwest iWountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton,WA 98057 

TEL; 425-227-2165 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 . 

U.S Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Ser\'icc was by U.S. Mail. For scr\'ice in person or by expedited courier, use tlie following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk. AGC-430. 

_?_