### SERVED: JANUARY 10,2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### AERO MICRONESIA FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0469


### AMENDED PROCEDURAL ORDER Inorder to expedite the hearing inthis 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. P\:lrt 13, Subpart G, ofthe Federal Aviation Regulations2• Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30) 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 seel.<.ing 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 personfiling an answer shall admit, deny, or state that the person is without sufficientknowledge or information to admit or deny, eachnumberedparagraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth of

1Materials filed in the FAA Hearing Docket (except for materials which are sealed) are also available for viewing at http://www.regu/ations.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 othermaterials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/ about/ office_org/headquarters_offices/age/pol_adjudication/ agc400/civil yenaltyl; see also: http://ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecfr&tpl=/ecfrbrowse/Title14/14tab _02.tpl. In addition, ThomsonReuters/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. 1 

### !0 

## 2bthat allegation. A general denial ofthe complaint is deemed a failure to file an answer. 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 matter. Compromise may be effected with orwithout a finding ofviolation (14 C.P.R. §13.16 (n) 

### (1)). 

### NOTE: This presiding Judge does not require "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,3 orrepresentative on an e:x parte basis. Ifa partyhas a non-substantive matter to discuss, they should contact Mr. Ira Leibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters maybe addressed to StaffAssistant, 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 Honolulu, HI.; 2

..On orbefore March 29, 2013, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, 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 timelymanner; 3. The parties shall be prepared to presentthis case at a hearing on or after March 29, 20134

, subject to 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

3 "The public policy offavoring and encouraging settlement makes necessarythe inadmissibility of settlementnegotiations in orderto foster frank discussions." Fiberglasslnsulators. Inc. v Dupuy, 856 F. 2d 652,653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 oftheFederal Rules ofEvidence excludes from evidence all statements made inthe course of settlement negotiations. 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 on tentative hearing dates, they are encouraged to discuss those dates with Mr. Leibowitz and/or Ms. Matthews in orderto getthe dates reserved onthejudge's calendar. 2

### thereafter; and any rebuttal briefby the Complainant shall betiled 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,5 

### is received bythe presiding judge. 6 · 

### 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe 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 not required, 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.

# ~~C-~ 'chard C. Goodwin U.S. Administrative Law Judge Attachment

- Service 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 ahearing and the answer, the administrative lawjudge shall dismiss the proceedings un4erthis subpart with prejudice." · 6 See: In the 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 I. 

### 3CORRECTED SERVICE LIST



### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL& ONE COPY



### Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10007 ONE COPY 

### David M. Kirstein and Lyndsey M. Grunewald Kirstein & 

### Young, PLLC, 

### Respondent's Counsel 1750 K Street, N.W., Suite 200 Washington, DC 20006 TEL: 202-331-3348 FAX: 202-331-3933 Michael R. 

### Quinn, President Aero Micronesia, Inc. dba Asia Pacific Airlines, Inc., 

### Respondent 156 Diablo Road, Suite 203 Danville, CA 94526 TEL: 925-362-4430 FAX: 925-362-4432 DonBobertz, 

### Complainant's Counsel Office oftheRegional Counsel, A WP-7 PO Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-3454 FAX: 310-725-6816 The Honorable Richard C. Goodwin,

### Administrative LciwJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey 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-2012-046~** 

### · (Civil Penalty Action)

7 Service was by U.S. Mail. For service inperson 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