### SERVED: February 19, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF

GENE HARRISON FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2014- 0860

PROCEDURAL ORDER· 

### 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

. 

### Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint**Cl4.\:.,.FJ~,**

### ..§.JJ,.2(l._9(£t).), 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 agreement ofthe parties, a party 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,**.J.:L(;~EK§**

## . ...1.3,2.Q2_LG.2 states: A person filing an answer shall admit, deny, or state that the person is without sufficientknowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth of thatallegation. A general denial ofthe complaint is deemed a failure to file an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at**fl.f.!JL:/ID.J:.IJ..~E.f!.PJ!I!J..Li..Q.IJ..:'i'"'l!..r..!l'.:..** For additional information see: !tUn.:. d!ZL':,£h;Lg1!.f· 1 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: hrt

p:I:'H'WJ1',/clu.p:uv/ahour/<.itf/ce

..lwg/heudtfllarfers_11{/ices/ugc;ji11!adj1tdicatil111.-'ugc·-!001ch·il_pcn1 1ft)<· see also: http://ecfr.gpoaccess.govlcgi/t/texrlrext-idx?c=ec.fi·&tpl=lec_frhrowse!Title14114tab_02.tp/. In addition, Thon1son 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.Under FAA Order2150.38 and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to consider the possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation

## U.4._L.F,R,

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..)}. NOTE: This presiding Judge does not require "Discovery" be served on the Judge. OtherJudges have differentpolicies, but as long as this case is assigned to the undersigned presidingJudge the parties may, but are not required to, serve discovery on the undersigned. Thejudge will not discuss the case with any patiy, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121] (Patricia.Mattbewsc(i)dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Anchorage AK.; 2. On or before June 1, 2015, 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 submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after June 1, 20154

, 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 pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days afterreceipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be tiled seven (7) days thereafter.

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 ( 4 Cir. 1988); Wright & Graham, Federal Practi<:e andProcedure: Evidence, §5302 ( 1980). Rule 408 ofthe Federal Rules ofEvidence excludes trom evidence all statements made in the course of settlement negotiations. 4 14 C.F.R. § I3.221 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. 25. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistentwith the applicable**rules,~** is received by the presiding judge.6
6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, 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 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 Law Judge Oftice ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (El1-310) Washington, D.C. 20590 Attn: Patricia Matthews**(.Ki~J:mxcL~i.Dil..~\.\:v.in@!JS2t.gQ_Y)** Administrative matters should be directed to PatriciaMatthews, StaffAssistant (202) 366-5121 (Patricia.Matthews({!!qot.g_qy). All other matters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List
5 14 C.F.R. § 13.215 states: "At any 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 under this subpa1i with prejudice." 6 See: ln 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 I. 3SERVICE 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 2Wl000 1



### Gene Harrison, Respondent 3705 Arctic"Blvd. Apt. 543 Anchorage, AK 99503 TEL: 907-727-4719 Jeanine Gotimer, Complainant's Counsel Federal Aviation Administration ONE COPY



### Office ofRegional Counsel, Eastern Region I Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3272 FAX: 718.c995-5699
The Honorable Richard C. Goodwin,Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2014-0860 (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 2WI000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
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