## SERVED FEBRUARY 24, 2010

t**~<p"** L. 

### ')""°1' 0­ I.

...t,., , 'I U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### CENTRAL FLYING SERVICES, INC. FAA DOCKETNO. CPIOSWOOOI (Civil Penalty Action) DMS No. FAA-2010-0016 

## PROCEDURAL QRDER
In orderto expedite the hearing in this matter, I the parties shall comply withthe Procedural Schedule set forth hereinbelow? The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations. Under FAAOrder2150.3A and the Rules governing these proceedings, the Agency attorney and the Respondent should continue to considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be effected withor without a fmding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" to 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, serve discovery onthe undersigned. WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedUral schedule: 1. Venue shall be Little Rock, AR.;

1 14 C.ER. § 13.221 states: liThe administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing."

. 2.Further amendments ofthe pleadings will notbe anticipated absent good cause shown. While 14 C.F.R. § 13.214(b)(1) permits amendments at any time more than 15 days before a hearing, utilization ofthat provision would prevent orderly preparation for a hearing and couldprevent any hearing at all, since notice ofahearing mustbe given 60 days in advance. 14C.F.R. § l3.22I(a). An amendment which might be filed 15 days priorto the hearing would entitle the other party up to 20 days in which to reply (14 C.F.R. § 13.214(c», and could generate a new round ofschedules (14 C.F.R. § 13.217), motions (14 C.F.R. § 13.218), and discovery (14 C.F.R. § l3.220),necessitating a postponement ofthe hearing, a new 6O-day notice, et cetera ad infinitum. 3 See Linda Joyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989.

### 2. On orbefore May 

### 1,2010, the parties shall conclude all discovery including, but not limitedto, depositions, documentproduction, responses to productionrequests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submit thedispute to the undersigned for resolution in a timely manner; 

### 3. Onorbefore May 

### 1,2010, the parties shall be prepared to present these cases at a hearing on the merits4

, subject to the availability ofcourtroom facilities. 

### 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; RespondeWtsnall its brieffifteen (15) days thereafter; and anyrebuttal briefby the Complainant shall befiled seven (7) days thereafter. 

### 5. Settled cases 

### will notbe removed from the hearing docket until theproper writtenpleading1s), consistent withthe applicable rules,5 is received by the presidingjudge. 

### 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 IN DELIVERY DUE TO SCREENING CONDUCTED AT THE LOCAL U.S. POST OFFICE BULKMAIL FACILITY AND MAY TAKE UP TO FOUR WEEKS TO ARRIVE BY REGULAR MAIL. IN ADDITION, SUBMISSIONS MAY BE "IRRADIATED" AT THE FACILITY, WHICH AFFECTS THE QUALITY OF THE SUBMISSION. THE PARTIES ARE ENCOURAGED, BUTNOTREQUIRED, TO FAX OREXPRESS CARRIER PLEADINGS AND/OR OTHER SUBMISSIONS. THE

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 ofthehearing."
5 14 C.F.R. § 13.215 states: At anytimebefore or during a hearing, an agency attorney may withdraw a complaint or party may withdraw a request forahearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaintor aparty withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice. 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003­ 16379, "Order Terminating 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 ofRobert Harris FAA DocketNo. CP03EAOOOI. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR, [nc., FAA Docket CP90NE0359, Trans World Airlines, Inc

.. FAA Dockets CP90GL0085, CP90CEOI10, CP90CEOI14, CP90CE0134, Order of Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA Docket No. CP03EAOOOl. DMS No. FAA2005-14, August 15,2005.----------**---------~.---**

CERTIFICATE OF. SERVICE SHALL REFLECT THE MANNER OF SERVICE. ALL PLEADINGS SHALL INCLUDE TELEPHONE NUMBERS WHERE THE PARTIES CAN BE REACHED.**~'-..** 

### . c ard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List

### FAA Docket No.

## CP1'O~0001 (Civil Penalty Action) SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

- Suite 2WlO00 1 

### ONE COPY Central Flying Service, Inc., Respondent 

### Attention: Richard N. Holbert, President 1501 Bond Street Little Rock, AR 72202 TEL: 501-375-3245 FAX: 501;.375-7274 Stellamaris Williams, Complainant's Counsel 

### Office ofthe Regional Counsel Southwest Region Federal Aviation Administration FortWorth, TX 76193-0007 TEL: 817-222-5081 FAX:**817~222-5092** 

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

### Office ofHearings, M-20

. U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. EastBuilding Ground Floor, Room E12-320 Washington, DC 20590 TEL: Attorney-Advisor 202-366-2139 Legal Assistant 202-366-5121 FAX: 202-366-7536

I Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building

- Room 2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.