SERVED NOVEMBER 1, 2011 

I'Ef^RTMENTGF 

U.S. DEPARTMENT OF TRANSPORTATION THAHSPORTATjOK' 

OFFICE OF HEARINGS :..G;;KET OPERAiIGN3 

WASHINGTON. DC 

ZO!! NOV - 3 A S: 1;LJ 

IM THE MATTER OF 

D&M CUSTOM INJECTION MOLDING CORPORATION 

FA A DOCKET NO. CPIIGLOOOO 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0679 

PROCEDURAL 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 O, of the Federal Aviation Regulations^. 

Those rules provide, inter alia, thai the Respondent must file a written Answer or motion 

within thirty (30) days after service of the 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 file an 

Answer without good cause is deemed an admission of each allegation in the Complaint 

(§13.209(0), and ihat, absent agreement of the parlies, a parly 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, MCFRi? 13.209(e) stales: 

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

sufficient knowledge or infomialion to admit or deny, each numbered paragraph 

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

not specifically deni'ed in the answer may be deemed an admission of the truth of 

thai allegation. 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 

' Materials filed in the TAA Hearini; Docket (except for materials filed in security cases) are also available 

for viewing at hap.//www.reeuiaiUms.gov. 

•^ 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 internet at: 

hlip://www.jaa.}ioWahoii(/oJficej^r^/heiulquariersjjjJiccs/u}^c/pol_udjudlcatioii/agc400/civU see 

also: hi(p://ccfr gpoaccess.gov/cgi/i/iex!/lexl-ulx?'c=ecfr&tpl=/ecfrbrowse/Titk'l4/!4iah_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. 
settlement and compromise of this matter.' Compromise may be effected with or 

without a finding of violation (14C.F.R. §13.16 (n) 0")). 

NOTE: This presiding Judge does not require "Discovery" to 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, serve discovery on the 

undersigned. 

The judge will not discuss the case with any paily,** or its representative on an ex 

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

judge's attorney-advisor, Mr. Ira Leibowitzal (202) 366-2139 (Ira.Leibowitzfgjdot.gov). 

Administrative matters may be addressed to the judge's, Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthewsfgjdomov). 

WHERJ-:F0RE , the parlies be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Chicago. IL.; 

2. On or before January I, 2012, the parlies shall conclude all discovery including, 

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

requests and/or interrogatories. If the parties cannot resolve a discovery dispute 

they shall submit the dispute to the uiidersigned for resolution in a timely 

manner; 

• 3. The parlies shall be prepared to present this case at a hearing on or after January 

1, 2012, subject to the availability of courtroom facilities. The specific dale and 

time for the hearing will be forthcoming in a separate Order. 

4. The parties will have the opportunity to file Post-Mcaring 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 Iranscript; Respondent shall its brief fifteen (15) days 

thereafter; and any rebuttal brief by the Complainant shall be filed seven (7) 

days thereafter. 

' See Linda Joyce Goodman. FAA Docket 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". (Fiberglass Insulators, Inc. v Dupuv. et al, 

(856 F. 2d 652. 26 Fed. R. t£vid. Serv. 1225, 1988. See also Coakley & Williams Constniciion, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349. 1992; 2 McCormick on Evid. 

§266 (6lh 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..." (In 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 penally proceedings as it is in Federal Trials. Hence, 

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

presidingjiidge. 

6. The parlies 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 lake up lo four (4) weeks to be delivered. Additionally, submissions 

may be "irradiated", which affects the quality of submissions. The parties are 

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

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

Richard C. Goodwin 

U.S. Administrative Law Judge 

Atiachment - Service List 
FDMS No. FAA-2011-0679 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attenfion: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Michael Teofilovich, President 

D&M Custom Injection Molding Corporafion 

dba D&M Plastics Corporation, Respondent 

150 French Road 

Burlington, IL 60109 

Kate Barber, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Great Lakes Region, AGL-7B 

Federal Aviation Administration 

2300 East Devon Avenue 

DesPlaines,IL 60018 

TEL: 847-294-7862 

FAX: 847-294-7498 

The Honorable Richard C. Goodwin, Adminisirative 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 Attomey-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

Service was by U.S. Mail. For seiyice in person or by e.\pedited courier, use the following address: Federal 

Aviation Adininislralion, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000. Wasliington, 

DC 2059L Attention: Hearing Docket Clerk, AGC-430.