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SERVED: APRIL 5, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF TRANS NORTH 

### AVIATION, LTD. 

### FAADOCKET NO. [TO BE ASSIGNED] .(Civil Penalty Action) FDMS NO. FAA-2013- 0046

PROCEDURAL ORDER 

### In order to expedite the hearing inthis matter, the parties shall comply withthe

..Procedural Schedule set forth hereinbelow1• 

### The Rules ofPractice for this proceeding are set forth 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 or motion within thirtya(J

. 

## .O) days after service ofthe Complaint (14 C.F.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(±)), 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 or information to admit or deny, each numberedparagraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied in the 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: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other**mat~rials** relating to civil penalty cases, are available onthe internet at:**http:!lwww./ad.go:.~laboutl** office_ orglheadquarters _offices! age/pol_ acijudicationl agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecfr&tp/=1 ecfrbrowse/Title14/ 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. 1that allegation. A general denial ofthe complaint is deemed a failure to file an answer. UD:dFF-'AA Order 2150.3B and the Rules governing these proceedings, the Agency aft1mey and the·Respondent are enco\rraged to considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be 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. 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 to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Ifa party has a non-substantive matter to discuss, they should contact Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139 (lra.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-

.5121] (Patricia.Matthews@dot.gov). Wl-I:E'f&FORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Milwaukee, WI.; 2. On orbefore May 31, 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 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 May 

### 31, 20134
, subjectto 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

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to 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 ontentative hearing dates, they are encouragedto discuss those dates with Mr. Leibowitz and/or Ms. Matthews in orderto getthe dates reserved on thejudge's calendar. 2thereafter; and any rebuttal briefbythe 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 withthe applicable rules, 5 is received bythe 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 screeningconducted by the U.S. Postal Service and/or otl}.er security agencies and maytake up to four (4) weeks to be delivered. Additionally, submissions maybe "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnotrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shallreflect the manner ofservice. The parties are encouraged to provide emailaddresses to expedite service of pleadings.

Richard C. Goodwin U.S. Administrative LawJudge

## AttachmeriJ~;s;~rvice 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 aooHfiistrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: Inthe Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991,
· at 1. 3SERVICE 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 1 ONE COPY 

### Charles R. Barnett III, Respondent's Counsel 

### Barnett & Borth, LLC 800 Waukegan Road, Suite 200 Glenview, IL 60025 TEL: 847-809-9520 FAX: 815-356-7042 Jeanette B. Daubaras, Complainant's Counsel 

### Office ofthe Regional Counsel, Great Lakes Region Federal Aviation Administration 2300 East Devon Avenue Des Plaines, AL 60018 TEL: 847-294-7313 FAX: 847-294-7498 The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. 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 FDMS No. FAA-2013-0046 (Civil Penalty Action)

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