## ..

SERVED: MAY 30, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### ALASKA AIRLINES, INC.
FAA DOCKETNO. (TO BE ASSIGNED] (Civil Penalty Action)
FDMS NO. FAA 2013- 0287



### PROCEDURAL ORDER
In order to expedite the hearing inthis matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• The Rules ofPractice for this proceeding are setforth 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 ormotion withinthirty (30) days after service ofthe Complaint (14 C.F.R. 

### § 13.209(a)), that a generaldenial 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 oftheparties, a party seeking an extension of time must file a written motionnot less than seven (7) days before the documentis due, absent good cause shown(§ 13.213(a) and (b)).
More specifically, 14 CFR § 13.209 (e) states: A personfiling an answer shall admit, deny, or state that the person is without sufficient knowledge orinformationto admit or deny, eachnumberedparagraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied inthe answer may be deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: htte:!ldms.dot.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 on the internet at: http:!lwww.faa.gov! about/ office_orglheadquarters _offices! age/pol_adjudication/ agc400/civil _penalty!; see also: http://ecfr.gpoaccess.gov!cgi/t/text!text-idx?c=ecfr&tpl=lecfrbrowse/Titlel41 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

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### that allegation. A general denial ofthe 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 encouragedto considerthe possibility of settlement and compromise ofthis matter. 3 

### Compromise maybe effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned

.. Thejudge will not discuss the case with any party, or representative on an ex parte basis. Ifa party has a non-substantive matter to discuss, they should contact Mr. Ira Leibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366- 5121] (Patricia.Matthews@dot.gov). WHEREFORE; the parties be and are hereby ORDERED to adhere to the followingprocedural schedule:


### 1. Venue shall be Seattle, WA.;
2. On or before August 1, 2013, the parties shall conclude all discovery including, but not limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the 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 August 1, 20134

, 

### 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 atthe 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

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in orderto foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations. 4 14 C.F.R. § 13.221 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 encouragedto discuss those dates with Mr. Leibowitz and/or Ms. Matthews in order to get the dates reserved on thejudge's calendar. 

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### thereafter; and anyrebuttal briefby the Complainant shall be filed seven (7) days thereafter.
5. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5 

### is received by the presiding judge.6


### 6. The parties are advised that submissions sentto 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 maybe "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery.service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

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 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." 6 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1.


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### SERVICE LIST ORIGINAL & 

### ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite 2W10001 

### TEL:**202-385~8229** 

### 'FAX: 202-493-5142 ONE COPY 

### Geoffrey M. Grindeland, Respondent's Counsel 

### Mills, Meyers, Swartling 1000 Second Avenue, 30th Floor Seattle, Washington**98104~1064** 

### TEL:**206-812~7451** 

### FAX: 206-207-6746**E~MAIL:** 

### ggrindeland@millsmeyers.com Bradley Tilde, President Alaska Airlines, Inc., Respondent 

### P.O. Box 68900 Seattle, Washington 96168 Robert Spitzer, Complainant's Counsel 

### FAA Attorney, Office ofRegional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, Washington 98057 TEL: 425-227-1417 FAX: 425-227-1007 E-MAIL: robert.spitzer@faa.gov FDMS No.**FAA~2013-0287** 

### (Civil Penalty Action)

The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.



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