SERVED: August 20, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

MESA AIRLINES, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2013-0616 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow1• The Rules of Practice for this proceeding 

are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal 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 of this matter3

. 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" 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 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 of the decisions, the Rules of Practice, as 

well as other materials relating to 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 "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, 856 F. 2d 

652,653 (4 Cir. 1988); Wright & Graha~, Federal Practice and Procedure: Evidence, §5302 (1980). Rule 

408 ofthe Federal Rules of Evidence excludes from evidence all statements made in the course of 

settlement negotiations. 

1 
' 

The judge will not discuss the case with any party, or representative on an ex 

parte basis. If a party has a non-substantive matter to discuss, they should contact Mr. 

Ira Leibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). 

Administrative matters may be addressed to Staff Assistant, Pat Matthews [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. On or before December 1, 2013, 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. The parties shall be prepared to present this case at a hearing on or after 

December 1, 20134

, 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 file 

its brief fifteen (15) 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 pleading(s), consistent with the applicable rules, is received by the 

presiding judge. 5 

6. The parties are advised that submissions sent to the street address of the 

U.S. Department of Transportation, Office of Hearings, 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: "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 of the administrative law 

judge. lf 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." 

5 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 l. 

2 
J 

of submissions. The parties are encouraged, but not required, to file 

submissions by private delivery service, facsimile, or email. The 

certificate of service shall reflect the manner of service. The parties are 

encouraged to provide email addresses to expedite service of pleadings. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

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-Suite 2W10001 

ONE COPY 

Theodore P. Byrne, Complainant's Counsel 

Attorney, Office of the Regional Counsel, A WP-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 

410 N. 44th Street 

Phoenix, AZ 85008 

FDMS No. FAA-2013-0616 

(Civil Penalty Action) 

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 2Wl000, Washington, 

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

4 
The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

5