### SERVED: June 

### 15, 2015

U.S. DEPARTMENT OF TRANSPORTATION iJ OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF Mach One Air Charters, Inc. DocketNo. FAA-2015- 0643 (Civil Penalty Action)
PROCEDURAL ORDER In orderto expeditethe hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow. 1 The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations.2 Under FAA Order 2150.38 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.F.R. §13.16 (n) ( 1)). NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) are also available for viewing at

**!?Ltp_,:/)t!X>.!',E.r!.g.Y./.Q!LQlJ.,):,gur~** For additional information see: fL(.Ip,://d!!.!:Y.,iliJLgQ\!.- 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_ orglheadquarters _offices/ agc/pol_aqjudication/ agc400/civil_penaltyl; see also: http:llec;fr.gpoaccess.gov/cgiltltextltext-idx?c=ec:fr&tpl=/ec;jrbrowse/Title14/14tab _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. 1 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 ( 4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations.Thejudgewill not discuss the case with any party, or representative on an ex partebasis. Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121]

**(Patricia.Matthe~'s({l>dot.gov**). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be St. Paul, MN.; 2. Onor before November 6, 2015, the parties shall conclude all discovery including, butnot limited to, depositions, document production, responses to production requests and/or interrogatories. lfthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. Theparties shall be preparedto presentthis case at a hearing on orafter November 6, 20154
, subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. Theparties will have the opportunity to tile Post-Hearing briefs and arguments pursuantto 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 ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall befiled seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules, is received by the presidingjudge.5 6. Theparties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted bytheU.S. Postal Service and/or other security agencies and may take up to four (4) weeksto be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but notrequired, to file submissions by private delivery service, facsimile, oremail. The 4 14 C.F.R. § 13.215 states: "Atany 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 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 underthis subpart with prejudice." 5 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 2certificate ofservice shall reflect the manner ofservice. The parties are encouragedto provide email addresses to expedite service ofpleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Attn: Patricia Matthews**(Ri~h<:!r~t\:J.q~~~!:~i.n@9.Dtg9Y)** Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121**(E~_tr._i_fiJ!**

### ..**i\!JpJt.h~.:Y.Y;>.[(llitQLgm:).** All othermatters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List

3

### SERVICELIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000 1

H. Dan. Hill, CEO Mach One Air Charters, Inc., Re.spondent 7000 Merrill Avenue, #63 Chino, CA 91710 Steven L. Graff, Re,spondent 's Counsel Steven L. Graff, Inc. 43399 Calle De Velardo Temecula, CA 92592 TEL: 951-303-6400 FAX: 951-303-0723 Glenn H. Brown, Complainant 's Counsel Office ofthe Regional Counsel Federal Aviation Administration 222 West 

### i 11 Avenue #14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 ONE COPY

The Honorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (El1-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2015-0643 (Civil Penalty Action)

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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 4