### SERVED: April 27, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS·

WASHINGTON, DC

IN THE MATTER OF TRIUMPH ACCESSORY SERVICES Docket No. FAA-2015-0636

PROCEDURAL ORDER -- ., r. T:',.T
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In orderto expedite the 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.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

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### ~ Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint (14 C.F.R. 

### § 13.209(a)). that a general denial is deemed a failure to file an Answer(§ 13.209(e)). that failure to tile an· Answer without good cause is deemed an admission ofeach allegation in the Complaint 

### (§ 13.209(f)), and that, absent agreementofthe parties, a party seeking an extension of time must file a written motion not less than seven (7) days before the document is due. 0 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 sufficient knowledge or information to admit ordeny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer rna); be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order2150.38 and the Rules governing these proceedings,'·the Agency attorney and the Respondent are encouraged to considerthe possibility of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at hun://11'11'\t'.regulatiuns.gm•. For additional information.see: !JJ..tu:lil/ms.dul.!.!,uV. 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: hllp:l/www.fau.gud uhout/(!{fice
_rwg!heudqlturlers_r!fih·esl ugdptl!_mliuJiculiml.iagc-!OO:'civif_twna/J.1**:** see also: hup://ec.fr.gpuaccess.govlcgi/tltextltext-idx!c=ec.fr&tpl=lecfrhrowse/Tit/e14114tah _02.tpt In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLa\v 9FTRAN-FAA database. For additional
. information, see the Web site.settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. 

### §13.16 (n) (I)). NOTE: This presiding Judge does not require "Discovery" 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 to, serve discovery on the undersigned. Thejudge will not discuss the case with any·party, or representative on an ex

. parte basis. Administrative matters may be addressed to StaffAssistant, Pat Matthews

[202-366-5121] (Patricia.Matthews(aJ.dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 

### 1. Venue shall be *.; 2. On orbefore *,the parties shall conclude all discovery including, but not limited to, depositions, document production, 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 present this case at a hearing on orafter *4
, subject to 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 ofthe transcript; Respondent shall its brieftifteen (15) days thereafter; and any rebuttal briefby 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.5 is received by the presiding judge.6

J "The public policy offavoring and encouraging s-ettlement 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 Praclice andProcedure: Evidence, §5302 ( 1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 4 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." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in orderto get the dates reserved on thejudge's calendar. 5 14 C.F.R. § 13.215 states: "At any time before orduring a hear.ing, an agency**attorne~ ~1ay** **~vithdraw** a complaint orparty may withdraw a request for a hearing without the consent ofthe admmJstratJve law 

### 26. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Oftice ofHearings, may be delayed due to screening conducted by the U.S. Postal Service and/orother security agencies and may take up to tour (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service, facsimile, oremail. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington,

### D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin(il)dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.ivlatthcws((j)dot.gov). All other matters should be addressed in writing/email to Judge Goodwin.

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

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**pre.~udice.··** 6 See: In the MatterofLewis 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 I. 

### 3

### SERVICE LIST- 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-Suite 2WI000 1

Jeffry D. Frisby, President and CEO Triumph Group Operations, Inc. 

### ONE COPY

d/b/aTriumph Accessory Services, 

### Respondent 899 Cassatt Road, Suite 210 Berwyn, PA 193 12 Marshall S. Filler, 

### Re.\pondent 's Counsel Obadal, Filler, MacLeod & Klein, P.L.C. II7 North Henry Street Alexandria, VA 22314-2903 TEL: 703-299-0784 FAX: 703-299-0254 Mark G. Camacho, 

### Complainant's Counsel Federal Aviation Administration Office ofRegional Counsel, Central Region, ACE-7 90I Locust, Room 506 Kansas City, MO 64106-2641 TEL: 816-329-3765 FAX: 816-329-3771 The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2015-0636 (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 2W 1000. Washington. DC 2059I; Attention: Hearing Docket Clerk, AGC-430.
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