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### SERVED APRIL22, 2010

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

## 2 :2: 11

WASHINGTON, DC
IN THEMATTER OF 

### BUSH AIR CARGO, INC. FAADOCKETNO. CPlOALOOOI (Civil Penalty Action) DMS No. FAA-2010-0311 

## PROCEDURALORDER In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow. The Rules ofPractice for this proceeding are set forth in 14 C.F.R Part 13, Subpart G, ofthe Federal Aviation Regulations. Those rules provide, inter alia, thatthe RespoIident must file a written Answer ormotion within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(aU, that a general denial isdeemed a failure to file an Answer (§ 13.209(e)), that failure to file an Answerwithout good cause is. deemed an admission ofeach allegation inthe Complaint (§13.209(f)), and that, absent agreement ofthe parties, a party seeking anextension 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 thatthe personis without sufficientknowledge orinformation to admit ordeny, each numberedparagraph ofthe complaint. Any statement or allegation contained in the complaintthat is not specifically deniedin the answermaybe deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order2150.3A andthe Rules governing these proceedings, the. Agency attorney and the Respondent should continue to consider the possibility of settlement and compromise ofthis matter. l Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does not require "Discovery" to be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the

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

. lIP,2 undersigned presiding Judge the parties may, but are not required, serve discovery onthe undersigned. WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Anchorage, AK.; 2. On orbefore June 1,2010, the parties shall conclude all discovery including, butnot limited to, depositions, documentproduction, responses'to productionrequests 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. NOTICE IS HEREBY GIVEN the parties shall be prepared to presentthis case at a hearing on or after June 1,20102
, subjectto the availability of courtroom facilities. 4. The parties will have the opportunity to file Post-Hearing briefs and argumentspursuant 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 thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket until the proper writtenpleading(s), consistent withthe applicable rules,3 is received by the presidingjudge.4 6. THE PARTIES ARE ADVISED THAT SUBMISSIONS SENT TO THE STREET ADDRESS OF THE U.S. DEPARTMENT OF

2 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."
3 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaintor party may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or aparty withdraws the request for a hearing andthe answer, the administrative lawjudge shall**dismis~** the proceedings under this subpart with prejudice. 4 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, OMS. 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 MatterofRobert Harris FAA Docket No. CP03EAOOOI. OMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR, Inc., FAA Docket CP90NE0359, Trans World**Airline~b** FAA Dockets CP<;lOGL0085, CP90CEO 110, CP90CEO 114, CP90CEO 134, Order of Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA Docket No. CP03EAOOO 1. OMS No. FAA2005-14, August IS, 2005.

### 3 TRANSPORTATION, OFFICE OF HEARINGS, MAYBE DELAYED IN DELIVERY DUE TO SCREENING CONDUCTEDAT THE LOCAL U.S. POST OFFICE BULK MAIL FACILITY AND MAY TAKE UP TO FOUR WEEKS TO ARRIVE BY REGULAR MAIL IN ADDITION, SUBMISSIONS MAY BE "IRRADIATED" AT THE FACILITY, WHICH AFFECTS THE QUALITY OF THE SUBMISSION. THE PARTIES AllE ENCOURAGED, BUT NOT REQUIRED, TO FAX OR EXPRESS CARRIERPLEADINGS AND/OR OTHER SUBMISSIONS. THE CERTIFICATE OF SERVICE SHALL REFLECT THE MANNER OF SERVICE. ALL PLEADINGS SHALL INCLUDE TELEPHONE NUMBERS WHERE THE PARTIE E REACHED.

Attachment

- Service List

### FAA DocketNo. CPIOALOOOI (Civil Penalty Action) SERVICE LIST ORIGINAL & 

### ONE COpy
Federal Aviation Administration 800 Independence Avenue. S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2WIOOO I 

### ONE COpy
Brent M. Tieman, President Bush Air Cargo, Inc., Respondent P.O. Box 93144 Anchorage, AK 99509-3144 TEL: 907-277-7657 FAJ<: 907-274-1725 Glenn H. Brown, Complainant's Counsel SeniorAttorney Office ofthe Regional Counsel, AAL-7 Alaskan Region Federal Aviation Administration 222 West 7th 

### Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5269 FAJ<: 907-271-2800 The Honorable Richard C. Goodwin,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. EastBuilding Ground Floor, Room E12-320 Washington, D.C. 20590 TEL: 202-366-2139 Attorney-Advisor 202- 366-5121 Legal Assistant FAJ<: 202-366-7536

1 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-Suite2WlOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430,