SERVED DECEMBER 22, 2011 

.;;^^Ah;TytNTOF • 

U.S. DEPARTMENT OF TRANSPORTATION ' . .,:J;-:dSrofi.lA!l^^^ 

OFFICE OF HEARINGS .- •'..••^I Uf-n.Ml.^/.o 

WASHINGTOKDC .niJ.rr^ ^ /^ o.c 9 

IN THE MATTER OF 

GREAT LAKES AVIATION, LTD 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMSNO. FAA-2011-0672 

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". 

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. j:<l3.16 (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 anon-substantive matter to discuss, they should contact the 

' Materials filled in the FAA Ilearing Dockel (except for materials filed in security cases) are also available 

for viewing al hiip://ww\v.rcgulaiions.^ov. 

' The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating lo civil penalty cases, are available on the internet at: 

ht(p://wwwj'aif-gov/aboui/office_org/headquarlers_o/]}ces/cigc/po/_adjudicalion/a^c-400/civil_penalri'/; see 

also: http://ecf''.gpoaccess.gov/cgi/l/iexl/fext-idx?c=ecfr&lpl=/ecfrhrowsc/Tillel4'I4iab_02.ipl. In 

addition, Thoinson 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. 

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

'' "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to 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 Slniclural Concrete Equipment, Incorporated. 973 F.2d 349, 1992; 2 McCormick on Evid. 

§266 (6lh ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 
judge's attorney-advisor. Mr. Ira Leibowitz at (202) 366-2139 (lra.Lcibowitz(^,dot."Ov). 

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

[202-366-5121] (Patricia.Matthewsfgjdot.uov). 

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

following procedural schedule: 

1. Venue shall be Denver, CO.; 

2. On or before March 2, 2012, 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 disptite (6 the undersigned for 

resolution in a timely manner; 

3. The parties shall be prepared to present this case at a hearing on or after 

March 2, 20I2^ subject to the availability of courtroom 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 t1le 

its brief.fifteen (!5) 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. 

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

written p!eading(s), consistent with the applicable rules,'' is received by 

the presidingjudge.^ 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as il is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

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

the dale, time and location of ihe hearing." 

14 C.F.R. § 13.215 slates: At any time before or during a hearing, an agency attoniey may withdraw a 

complaint or party may withdrawn 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 MaHer of Lewis Drake & Associates, FAA Docket No. CP03SO0045. DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served Febiuary 26, 2005; cilinu Kerry James Eldridge. FAA 

Dockel CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

al I; In The Matter of Robert Harris FAA Docket No. CP03EA0a01. DMS No. FAA-20Q2-14236.. Orders 

dated October 18, 2004 and October 27, 2004. USAIR, Inc.. FAA Docket CP90NE035Q. Trans World 

Airlines, Inc.. FAA Dockets CP90GL0Q85, CP90CE0110. CP90CE0114. CP90CE0I34. Order of 

Administrative Law Judge Burton S. Kolko. served April 8. 1992, p. 2. See "Order Dismissing 
6. The parties are advised that submissions sent to the street address of the 

U.S. Department of Transportation. Ofllce of llearings. 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 etiiail. The 

certificate of service shall reflect the mamier of service. 

U.S. Administrative Law Judge 

Atlacltment - Service List 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA000I. DMS No. FAA2005-14, August 15,2005. 
FDMS No. FAA-2011-0672 

(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 2W1000' 

ONE COPY 

Timothy R. Thornton, Respondent \s Counsel 

Briggs and Morgan, P.A. 

2200 IDS Center 

80 South 8th Street 

Minneapolis, MN 55402-2157 

TEL: 6)2-977-8400 

FAX; 612-977-8650 

Kyle Lomazow, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, SW. 

Renton,WA 98057 

TEL: 425-227-1847 

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. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address; 

Federal Aviation AdTninistration, 600 Independence Avenue, S.W., Wilbur Wright Building—Siiile 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.