SERVED JANUARY 20, 2011 

ii:D&n \RTMENT OF 

U.S. DEPARTMENT OF TRANSPORTATION '• .S^ORTATION 

OFFICE OF HEARINGS '-' OPERATIONS 

WASHINGTON, DC 

•"il M ?0 P |: 21 

IN THE MATTER OF 

OKLAHOMA SKYDIVING CENTER 

FAA DOCKET NO. CP10SW0020 

(Civil Penalty Action) 

DMSNO. FAA-2010-1215 

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 G, of the Federal Aviation Regulations^. 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

settlement and compromise of this matter. Compromise may be effected with or 

without a finding of violation 0 4 C.F.R. §13.16 (nHD). 

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 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 (Ira.Leibowitz(a),dot.gov). 

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

[202-366-5121] (Patricia.Matthews@dot.gov). 

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

for viewing at httD://www. regulations, 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: 

http://wwM/.faa.gov/about/officeorg/headquarters_offices/agc/pol_adjudication/agc400/civil_penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tab_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. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

1 
|.^.|,!1L j!i.^(if!_ijj^i ^ 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Oklahoma City, OK.; 

2. On or before June 1,2011, the parties shall conclude all discovery 

including, but not limited to, depositions, doctiment production, responses 

to production requests and/or inteirrogatories. If the parties c^Lhhot resolve 

a discovery dispute they shall submit the dispute to the undersigned for 

resolution in a timely manner; 

3. NOTICE IS HEREBY GIVEN the parties shall be prepared to present this 

case at a hearing on or after June 1,2Q11^, subject to the availability of 

courtroom facilities. 

5. 

The parties will have the opportunity to file Post-Hearing briefs and 

arguments pursuant to a schedule to be detwnined at the hearin|fvrFor 

guidance, the following schedule is typically used: Complainantsllflli file 

its brief fifteen (15) days ai ^ receipt of the transcript; Respondeitt: shall 

its brief fifteen (15) days thereafter; and any rebuttal brief by thfe 1 

Complainant shall be filed seven (7) days thereafter. 

Settled cases will not be removed ftom the hearing docket until theiJroper 

written pleading(s), consistent with the applicable rules,^ is reogVy^by 

the presiding judge.^ 

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

the date, time and location of the hearing." C 

14C.F.R. § 13.215 states: At any time before or durmg a hearing, gn agency attorney may v^Jj^W a 

complaint or party may withdraw a request for a hearmg^d)o^| the ecmsent of the adminjistrati|ff |^w 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a headt^g and the 

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

^ See: hi t>ie Matter of Lewis Drake & Associates. FAA J%*rt No, CP0aSO0045, DMS. NcjiAK^aQOS16379, "Order Terminating Proceeding", served February 26,2005; citing K^rrv James EldnJ<J4^i,lFAA 

Docket CP89GL0458, "Order Canceling Heariijg and Tonun?^ ftoccedmg", served Janiuiiy^W-1^91, 

at 1; In The Matter of Robert Harris FAA Docket No. CPQ3EAQ001. DMS No. FAA-2002-1423<S., Orders 

dated October 18,2004 and October 27,2004. USAIR. Inc.. FAA DoCkfet£:P90NE03S9. •Ran^i^ferid 

Airlines. Inc.. FAA Dockets CP90GLQ085. CP90CB01 l4-O^^!6dfeeil4^CP90CE0134. Ordei^fe 

Adminis^ive Law Judge Burton S. Kolko, se^fed April S, Ift?^, jp. 2. See "Order Dismissing , a 

Complainant's Appeal". In The Matter of Robett Harris. PAAfitocket No. CP03EA0001. DMSf#. f AA2005-14, August 15, 2005. 
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 quality 

of submissions. The parties are encouraged, but not required, to file 

submissions by private delivery service, facsimile, or email. The 

certificate of service shall reflect the maimer of service. 

[ichardLc. GoodwflF 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No.. CP10SW002O 

(Civil Penalty Action) 

SlR\T[CE LIST 

ORiGDUI/;* bNEi COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Bret A. Glenn, Respondent's Counsel 

Bret A. GSen, Attorney at Law. P.C. 

4 th 414 N.W. 4"" Street, Suite 200 

Oklahoma City, OK 73102 

TEL: 405-702-4980 

FAX: 405-702-4984 

Gregory S. Lander, Complainant's Counsel 

Attorney, Safety Enforcement Branch 

Office of the Regional Counsel 

Southwest Region 

Fedteral Aviation Administration 

2601 Meacham Blvd., Room 633 

Fort Worth, TX 76137 

TEL: 817-222-5083 

FAX: 817-222-5945 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by e5q]|e(Utedcovirier, use the following addiws: Fcdwal 

Aviation Administration, 800 Independence Avenue, S.W., Wilbur Wright Building—Suite 2WlW, Washington, 

DC 20591; Attention: Hearing Docket Clerk, ACK:-430.