- --.-----­

SERVED APRIL 22, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, 2 :2: 11 DC 

IN THE MATTER OF 

BUSH AIR CARGO, INC. 

FAA DOCKET NO. CPlOALOOOI 

(Civil Penalty Action) 

DMS No. FAA-2010-0311 

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, ofthe Federal Aviation Regulations. 


Those rules provide, inter alia, that the RespoIident must file a written Answer or motion 


within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(aU, 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 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 

sufficient knowledge or information to admit or deny, each numberedparagraph 

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

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

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

answer. 

Under FAA Order 2150.3A and the 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 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 

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 on the 

undersigned. 

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 1,2010, 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; 

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

case at a hearing on or after June 1,20102

, subject to the availability of 

courtroom facilities. 

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 

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

brief fifteen (15) days thereafter; and any rebuttal briefby the Complainant 

shall be filed seven (7) days thereafter. 

5. 	 Settled cases will not be removed from the hearing docket until the proper 

written pleading(s), consistent with the applicable rules,3 is received by the 

presiding judge. 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 law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

3 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 law judge shall dismis~ the proceedings under this subpart with prejudice. 

4 See: In the Matter of Lewis Drake & Associates, FAA Docket No. 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 Matter of Robert 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 11 0, 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 of Robert 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 CONDUCTED AT THE LOCAL U.S. 

POST OFFICE BULK MAIL FACILITY AND MA Y TAKE UP TO FOUR 

WEEKS TO ARRIVE BY REGULAR MAIL IN ADDITION, 

SUBMISSIONS MA Y BE "IRRADIATED" AT THE FACILITY, WHICH 

AFFECTS THE QUALITY OF THE SUBMISSION. THE PARTIES AllE 

ENCOURAGED, BUT NOT REQUIRED, TO FAX OR EXPRESS 

CARRIER PLEADINGS 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 Docket No. 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-Suite 2WIOOOI 

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 

Senior Attorney 

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, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building 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 or by expedited courier, use the following address: . Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WlOOO, Washington, 

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