SERVED: November 24, 2014 

U.S. DEPARTMENT OF TRANSPORTATION· 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

OFFSHORE FLIGHT SCHOOL, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2014- 0691 

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.F.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. 

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

Administrative matters may be addressed to Staff Assistant, Pat Matthews [202-366-5121] 

(Patricia.Matthews@dot. gov ). 

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) are 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 of the decisions, the Rules ofPractice, as well as 

other materials relating to civil penalty cases, are available on the internet at: 

http:/ lwwwfaa. govl about/ office_ org/headquarters _offices/ age/pol_ adjudication/ agc400/ civil _penalty/; see also: 

http://ecfr. gpoaccess.govlcgiltltext/text-idx? c=ecfr&tpl=/ecfrbrowse/Titlel4/ 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 & Graham, Federal Practice and Procedure: Evidence, §5302 (1980). Rule 408 of the Federal Rules 

of Evidence excludes from evidence all statements made in the course of settlement negotiations. 

1 
WHEREFORE, the parties be and are hereby ORDERED to adhere to the following 

procedural schedule: 

1. Venue shall be Honolulu, HI.; 

2. On or before March 6, 2015, 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 March 6, 

2015\ 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 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. 

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. 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." 

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 1. 

2 
7. All documents are to be submitted to the undersigned as follows: 

HON. Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

Attn: Patricia Matthews 

(Richard. Goodwin@dot. gov) 

Administrative matters should be directed to Patricia Matthews, Staff Assistant (202) 

3 66-5121 (Patricia.Matthews@dot. gov). 

All other matters should be addressed in writing/email to Judge Goodwin. 

\ 

.. ; 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment- Service 

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 

President 

Offshore Flight School, Inc., Respondent 

100 lolana Place, #A 

Honolulu, HI 96819 

TEL: 808-836-8688 

ONE COPY 

David Glenn Bettencourt, Respondent's Counsel 

Dillingham Transportation Building, Suite 304 

73 5 Bishop Street 

Honolulu, HI 96813 

TEL: 808-521-3491 

FAX: 808-521-7749 

Robert Spitzer, Complainant's Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Ave., S.W. 

Renton, W A 98057 

TEL: 425-227-1417 

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. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2014-0691 

(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 2W1000, Washington, 

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

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