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### SERVED: APRIL 30, 2012
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF ADDISON JET MANAGEMENT, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012

- 0205

PROCEDURAL ORDER "liil 7 ,_.. i• 

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### In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• 

### The Rules ofPractice for this proceeding are set forth in 14 C.P.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 (14 C.P.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 ofeach allegation inthe 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, 14 CFR 

### § 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficientknowledge orinformation to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied inthe answer maybe deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150JB and the Rules governing these proceedings, the Agency attorney.and the Respondent are encouraged to consider the possibility of

1 Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 2 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 onthe internet at: http://www.faa.gov/ about/office_org/headquarters _offices/ age/pol_adjudication/ agc400/civil _penalty/; see also: http:llecfr.gpoaccess.govlcgi/tltextltext-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tab

_02.tpl. In addition, Thomson Reuters/West Publishingpublishes 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

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settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.P.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" to be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are not required, serve discovery onthe undersigned. Thejudge will not discuss the case with any party,4 or its representative on an ex parte basis. Ifa party has a non-substantive matterto 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 thejudge's, Legal Assistant, Pat Matthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 

### 1. Venue shall be Dallas/Arlington, TX.; 2. On orbefore July 1, 2012, 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 preparedto presentthis case at a hearing on or after July 1 20125

, 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 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; Respondent shall its brieffifteen (15) days thereafter; and anyrebuttal briefbythe Complainant shall be filed seven (7) days thereafter.

3 See Linda Joyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in orderto foster frank discussions". (Fiberglass Insulators. Inc. v Dupuy, et al, (856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick onEvid. §266 (6th ed.); Rule 68 ofthe Federal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of Evidence "
...prohibits the admission ofstatements made in compromise negotiations
..." (Inthe Matter of Africa Air Corporation, FAA Order No. 99-5). "Rule 408'spublic policypurpose ofencouraging frank settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, its guidance will be followed in these proceeds." (ld.) 5 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." 2 

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### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules, 6 

### is received by the presiding judge. 7 

### 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 bythe 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.

U.S. Administrative Law Judge Attachment

- Service List

6 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint orparty 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 subpart with prejudice. 7 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminatingProceeding", served February 26, 2005; citing Kerrv James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", servedJanuary 16, 1991, at 1; In The Matter ofRobert Harris FAA Docket No. CP03EA0001. 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, CP90CEO 110, CP90CEO 114. CP90CEO 134, Order of Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "OrderDismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15, 2005. 

### 3SJERVICE LIST 

### ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWrightBuilding-Suite 2W1000 1 

### ONE COPY Gerald P. Shaw, DirectorofOperations Addison Jet Management, Inc., 

### Respondent 7515 Lemmon Avenue Dallas, TX 75209 Autumn Killingham, 

### Complainant's Counsel Attorney, Enforcement Division, AGC-300 Office ofthe Chief.Counsel Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7728 FAX: 202-267-5106 The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20 US. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDM§ No. lFAA-2012-0205 (Civil Penalty Action)

1 Service was by U.S. Mail. For service inpersonorby expedited courier, use the following address: Federal Aviation Administration, 600 Independence**Avenue~** S.W., WilburWright Building-Suite2Wl000, Washington, DC 20591, Attention: HearingDocket Clerk, AGC-430. 

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