### SERVED: August 20, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF MESA AIRLINES, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0616

PROCEDURAL ORDER In orderto expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, oftheFederal Aviation Regulations2• 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 ofthis matter3

. 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" 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.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) are also available for viewing at bJJp:/!www.regulations.goy.,_ For additional information see:**http://dm,~.dqt.gov.** 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relatingto civil penalty cases, are available on the internet at: http://wwwjaa.gov/ about/office_ org/headquarters _offices/ age/pol_ adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/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. 3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652,653 (4 Cir. 1988); Wright &**Graha~,** Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations. 1

## ' Thejudgewill 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 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366- 5121] (Patricia.Matthews@,dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Phoenix, AZ.; 2. Onorbefore December 1, 2013, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. Theparties shall be prepared to presentthis case at a hearing on or after December 1, 2013 4
, 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 opportunityto 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 thereafter; and any rebuttal briefbythe Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docketuntil the proper writtenpleading(s), consistent with the applicable rules, is received by the presidingjudge.5 6. Theparties 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 may be "irradiated", which affects the quality

4 14 C.F.R. § 13.215 states: "Atany 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. lfan 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." 5 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. 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 l. 2J ofsubmissions. The parties are encouraged, butnotrequired, to file submissions byprivate delivery service, facsimile, oremail. The certificate ofservice shall reflect the manner ofservice. Theparties are encouraged to provide email addresses to expedite service ofpleadings.

Richard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List

3•'

SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1 ONE COPY Theodore P. Byrne, Complainant's Counsel Attorney, Office ofthe Regional Counsel, AWP-7 Western-Pacific Region Federal Aviation Administration P. 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7112 FAX: 310-725-6816 Robert F. Cohn, Esq., Respondent's Counsel Patrick R. Rizzi, Esq. Hogan Lovells US LLP 555 Thirteenth Street, N.W. Washington, DC 20004 TEL: 202-637-5600 FAX: 202-637-5910 Chris 

### J. Pappaioanou, Vice President Mesa Airlines, Inc:, Respondent 410N. 44th Street Phoenix, AZ 85008 FDMS No. FAA-2013-0616 (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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
4

### The Honorable Richard C. Goodwin, Administrative Law Judge 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 Legal Assistant FAX: 202-366-7536

5