SERVED OCTOBER 1, 2010 

.;::FARTMENTOF 

U.S. DEPARTMENT OF TRANSPORTATION - -iCif^SrWWTiON 

OFFICE OF HEARINGS '-' ^^^"'^' 'C'NS 

WASHINGTON, DC „ , 

A::jncT.-Lj A 10: 35 

IN THE MATTER OF 

EMPIRE AIRLINES 

FAA DOCKET NO. CP10NM0007 

(Civil Penalty Action) 

DMS No. FAA-2010 - 0791 

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^. 

Those rules provide, inter alia, that 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(f)), and that, absent agreement of the 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 shovm (§ 13.213(a) and (b)). 

More specifically, 14CFR§ 13.209(6) states: 

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

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

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

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

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

for viewing at http://www.resulations.sov. 

^ 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: 

httpy'/WM'w.faa.gov/ahout/office org/headquarlers offices/agc/pol adjudication/agc-IOO/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. 

1 
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 (14 C.F.R. $13.16 (n) (1)). 

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^dot.gov). 

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

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

This matter will not be heard prior to January 1, 2011. 

Complainant has requested venue in Seattle, WA. Respondent has not filed a 

Request for Hearing with the undersigned. Respondent's headquarters is in Hayden, ID, 

near Coeur D'Alene, ID. 

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

following procedural schedule: 

> 1. Venue is yet to be determined; 

2. On before October 31,2010, both parties shall file memorandum setting 

forth their respective positions on whether Venue for the hearing should 

be Seattle, WA. or another venue; 

3. On or before December 31, 2010, the parties 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 undersigned for 

resolution in a timely manner; 

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

case at a hearing on or after January 1, 2011"*, 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 determined at the hearing. For 

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

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

the date, time and location of the hearing." 
guidance, the following schedule is typically used: Complainant shall file 

its brief fifteen (15) days after receipt of the transcript; Respondent shall 

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

Complainant shall be filed seven (7) days thereafter. 

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 presiding judge.^ 

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 reflecLlh£rnanner of service. 

"^JchardC/Good^n^-^^ 

U.S. Administrative Law Judge 

Attachment - Service List 

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 of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

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

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, 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 of Robert Harris FAA Docket No. CP03EA000]. DMS No. FAA-2002-14236., Orders 

dated October 18, 2004 and October 27, 2004. USAIR. Inc.. FAA Docket CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CEQ110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15, 2005. 
FAA Docket No. CPl 0NM0007 •; 

(Civil Penalty Action) 1; 

P 

SERVICE LIST j ! 

ORIGINAL & ONE COPY I 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Tim Komberec, President/CEO 

Empire Airlines, Inc., Respondent 

11559 North Atlas Road 

Hayden, ID 83885 

Scott R. Morris, Complainant's Counsel 

Office of Regional Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue, S.W. 

Rentqn,WA 98057 

TEL: 425-227-1417 

FAX: 425-227-1007 

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: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' 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.