/^ SERVED NOVEMBER 3, 2011 

:^"PARTlviENTOF 

U.S. DEI'ARTMIENT OF TRANSPORTATION • :;;\,MSDORTAT'ON 

OmC E Ol- I-IBARINGS ;•- •:KrrOPFaAti(jNS 

WASHINGTON, DC 

?ij!i MCiV ' U P 2: i S 

IN THB MATTER OF 

ARMORCOATUSA 

•AA DOCKET NO. |T0 BE ASSIGNBD] 

(Civil Penalty Action) 

1-DMSNO. FAA-2011-0781 

PROCEDURAL ORDER 

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

Procedural Schedule set forth hereinbelow'. The Rules of Practice tor this proceeding 

are set forth in )4 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations'. 

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 matter."* Compromise may be effected witli or 

without a finding of violation ("14 C.F.R. ^1.1.16 (n) ( 0). 

NOTE: This presiding Judge does not require "Discovery" to be ser\'ed on the 

Judge. Other Judges liave different policies, but as long as this ease is assigned to the 

undersigned presiding Judge the parties may, but are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party,"* or its representative oh an ex 

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

' Materials filed in ihe FAA Hearing Dockel (e.xcepl lor materials filed in security cases) are also available 

for viewing at hiip://www.re^,ulations.^ov. 

The Administrator's civil penally 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: 

htlp://ww\\\fiHLy,uv/cdwul/oJfK-ej.>rg/headqiun-icrsjjJftces/a}>c/polj:uljiHiiciaion/agc400/ch'^^ see 

also: hiip://ecfr.gpoacces.'s.gov/cgl/i/tcxi/t(LXi-idx?c^ecfy&tpl=/ecfrhro\\\'ie/Tit{c}4/l4iabJ)2.ip(. In 

addition, Thomson Reiileni/West Publishing publishes l-edcral Aviation Decisions. Finally, the decisions 

are available through LEXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional 

iiiformiilioii. see the Web site. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

"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. et al, 

(856 F. 2d 652. 26 Fed. R. Evid. Serv. 1225. 1988. See also Coakley & Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349. 1992: 2 McCormick on Evid. 

;;266 (6lh ed.); Rule 68 of (he Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 
vf. 

judge's attomey-advisor, Mr. Ira Leibowitzat (202) 366-2139 flfa.l.cibowitZ(V'"^)dot.Hov). 

Administrative matters may be addressed to the judge's, Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthews[g!dot.uov). 

WHISRBFORE, the parties be and are hereby ORDERED to adhere to the 

fbllowii\g procedural schedule: 

1. Venue shall be Missoula, MT.; 

2. On or before January 6. 2012, the parties shall conclude all discovery 

iticluding, but not litnited to, depositions, document productioii, 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 ease at a hearing on or after 

January:6. 20\2 \ subjccl to the availability of courtroom facilities. The 

specific^date and time for the hearing will be forthcoming in a separate 

Order. 

4. fhe pailies will have the opportunity to file Post-llearing briefs and 

arguments pursuant to a schedule-to be determined at the hearing. For 

guidance, the following schedule is typically used; Complainant shall tile 

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 eases 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. 

Evidence "...prohibits the admission of statements made in compromise negotiations..." {Ihihe Matter of 

Africa Air Corporation. FAA Order No. 99-5). "'Rule 408"s public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

^ 14 C.F.R. § 13.221 states: "The administrative law judge shall give each pany al least 60 days notice of 

the date, time and location of the hearing.' 

M C.F.R. § 13.21 ."i states: At any time before or during a hearing, an agency attorney may vvithdraw a 

complaint or parly may withdraw a request for a hearing without ttie 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. 

^ See: In the Matter of Lewis Drake & Associates. FAA Dockel No. CP03SO0045. DMS. No. FAA-2003-

16379, "Order Tcniiinaling Proceeding", served February 26. 2005; citing Kerry James Fldrid^e. FAA 

Docket CP89GL0458, '"Order Canceling Hearing and Tenninating Proceeding", served January 16. 1991. 

at I; In Ihcjvlajicr of Robert Harris FAA iJockelNo. CPOJFAOOQI. DMS No. FAA-2002-14236.. Orders 

dated October 18, 2004 and October 27, 2004. USAIR. Inc.. FAA Docket CP90Ni;O359. Trans World 

Airlines. Inc.. FAA Dockels CP90GL0085. CP90CE01 10. CPOQCEOl 14. CP9UCi;0134. Order of 

Administrative Law Judge Burton S. Koiko, served April 8, 1992, p. 2. See "Order Dismissing 
6. fhe parties are advised that submissions sent to the street address of the 

U.S. Department of Transportation, Office of llearings, 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 sltall refiect the manner of service. 

Richard C. Goodwin 

U.S. Administrative l..aw Judge 

Attachment - Service List 

Complainant's Appeal". In The Maner of Koberl Harris. FAA Docket No. CPQ3LA000I. DMS No. FAA2005-14. Autiusl 15,2005. 
FDMS No. FAA-2011-0781 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Richard A. Reep, Respondent's Counsel 

Reep Belt & Laird, P.C: 

2955 Stockyard Road J 

P.O.Box 16960 

Missoula, MT 59808-6960 

TEL; 406-541-4100 

FAX: 406-541-4101 

Kyle E. Lomazow, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

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. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5)21 Legal Assistant 

FAX: 202-366-7536 

Ser\'ice was by U.S. Mail. For ser\'ice 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; Allention: Hearing Docket Clerk. AGC-430.