### SERVED: November 24, 2014 U.S. DEPARTMENT OF TRANSPORTATION· OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF OFFSHORE FLIGHT SCHOOL, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2014- 0691

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.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 considerthe possibility ofsettlement 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 notrequire "Discovery" be served onthe Judge. Other Judges have differentpolicies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery onthe undersigned. Thejudge will not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, 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 ofthe 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 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility ofsettlement negotiations in orderto 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 ofsettlement negotiations. 1WHEREFORE, 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. Ifthe 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 preparedto presentthis case at a hearing on or after March 6, 2015\ 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 pursuantto 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 briefby 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 withthe applicable rules, is received by the presiding judge.5

. 6. The parties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conductedby 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 ofsubmissions. The parties are encouraged, but notrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. 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 ofthe administrative lawjudge. Ifan 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 DocketNo. CP03S00045, OMS. No. FAA-2003-16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 27. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All othermatters shouldbe addressed in writing/email to Judge Goodwin.

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.. ; Richard C. Goodwin U.S. Administrative LawJudge Attachment- Service

3SERVICE 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 TransportationBuilding, Suite 304 735 Bishop Street Honolulu, HI 96813 TEL: 808-521-3491 FAX: 808-521-7749 Robert Spitzer, Complainant's Counsel Federal Aviation Administration NorthwestMountain 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2014-0691 (Civil Penalty Action)

1 Service was byU.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. 4