In The Matter Of: 

CLIFFORD PRESS 

Respondent 

SERVED: DECEMBER 14, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2011-1006 

Case No. 2011EA150045 

ORDER SETTING VENUE IN ISLIP, NEW YORK 

On September 8, 2011, the Federal Aviation Administration (FAA) filed a Complaint 

charging the Respondent, Mr. Clifford Press, with violating three Federal Aviation Regulations 

(FAR), i.e., 14 C.F.R. §§ 121.317(f), 121.317(k), and 121.580. As part of this Complaint filing, 

the FAA requested the hearing venue be set in the New York, New York area. 

On October 16, 2011, the Respondent, through counsel, filed "Mr. Press' Answer to FAA 

Complaint", in which the Respondent requested the hearing be held in Washington, DC; 

On February 29, 2012, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference. At that time, the parties discussed their calendar availability, hearing 

dates, and other litigation procedural matters. The issue of venue was not addressed in the 

parties' Rule 26(f) Plan, nor discussed during the February 29, 2012 Rule 16 Conference. 

Immediately after the Rule 16 Conference, the Office of Hearings (OH) attorney staff telephoned 

both the FAA and the Respondent to ask if the parties had discussed the issue of venue. The OH 

staff noted that if venue was set in the New York area, there was a possibility the matter could be 

heard in the new Islip courthouse. Both the FAA and the Respondent stated that Islip, New York 

might be acceptable, but that they wished to further discuss the issue, and make a 

recommendation after discovery was finished. 

On March 1, 2012, an Order Setting Litigation Dates and Procedures was filed. Among 

other things, this Order adopted and set a deadline of November 30, 2012 (which was also the 

deadline for completing all supplemental discovery) for the parties to provide written notification 

of the place of venue for the hearing, or, if the parties remained in dispute, to contact the OH and 

schedule a telephone conference on the matter. 

On November 30, 2012, the Office of Hearings received a one page fax from the FAA, 

requesting that the hearing take place in New York City or Islip, NY. This document indicated 

that the Respondent's counsel was cc' d, but it contained no certificate of service and did not 

indicate that it was filed with the FAA's Hearing Docket. 
On December 6, 2012, Office of Hearings attorney staff telephoned the FAA, and 

requested that the November 30, 2012 faxed document be filed with the FAA's Hearing Docket. 

As oftoday's date, December 14,2012, the Respondent has submitted no further 

information or recommendations regarding the issue of venue. 

1. Legal Standard for Setting Venue 

The Rules of Practice, 14 C.F.R. part 13, subpart G, govern the setting of venue in FAA 

civil penalty proceedings. The authority to set the location of the hearing is vested solely in the 

administrative law judge, after considering any suggestions by the parties. See 14 C.F.R. 

§ 13.22l(b); See also, 55 Fed. Reg. 27548,27561 (discussion of final rule July 3, 1990, 

"Location of Hearing"). In setting venue, the administrative law judge is not ruling for or against 

a party, but rather utilizing judicial discretion in considering the factors contained in Section 

13.221(b), the Administrative Procedure Act (APA), and any other factors deemed relevant in 

each individual case. 

Section 554(b) of the APA also provides in part: "[i]n fixing the time and place for 

hearings, due regard shall be had for the convenience and necessity of the parties." 5 U.S.C. § 

554(b) (2006). 

In addition, any other factors deemed relevant by the administrative law judge may also 

be considered, in order to address the needs of the parties, the needs of the witnesses involved, 

and to avoid hardship. See 54 Fed. Reg. 11914, 11916 (disposition of comments Mar. 22, 1989, 

"Location of Hearings"). See generally., Baicker-McKee et al., supra,§§ 2.14 and 2.15 (private 

factors in considering venue may include the following: 1) ease of access to evidence; (2)the 

cost for witnesses to attend trial; (3) the availability of compulsory process; and (4) other factors 

that might shorten trial or make it less expensive); See also, 55 Fed. Reg. 27548, 27561 

(discussion of final rule July 3, 1990) ("If the place where the incident occurred is a relevant 

factor ... either party is free to raise that issue ... "). 

Although not required by the Rules of Practice, the parties "are encouraged to explain or 

support their suggested venue location so that the administrative law judge is aware of these 

considerations at the time of the [venue] determination." 55 Fed. Reg. 27548, 27561 (discussion 

of final rule July 3, 1990, "Location of Hearing"). 

2. Facts Considered in Setting Venue 

It is undisputed that the alleged violations took place on or about March 27, 2011, while 

the Respondent was a passenger aboard United Airlines Flight 341. (Compl. 1, ~II-I; Answer 1, 

~ 1.) Flight 341 departed from Denver, CO and terminated at LaGuardia Airport in Flushing, 

NY. (!d.) 

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It is undisputed that the FAA is represented by counsel from the Office of the Regional 

Counsel, Eastern Region, located in Jamaica, NY. (Notice of Assignment of Proceeding 2). It is 

also undisputed that the Respondent's counsel is located in Frederick, MD. (!d.) 

While less clear, it appears undisputed that the Respondent currently resides in New 

York,NY. 1 It is also undisputed that Respondent's counsel is located in Frederick, MD. 

Based on the location of the apparent location of the Respondent (New York, NY), the 

location of the FAA's counsel (Jamaica, NY), and the fact that the flight on which the alleged 

violations occurred terminated at LaGuardia Airport in Flushing, NY, the majority of facts 

support holding the Hearing in the New York, New York area. 

Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, 

regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. Pursuant to 5 U.S.C. § 554(b) and 14 C.P.R.§ 13.221(b), venue in this matter is set in 

Islip, New York. 

2. The parties will be notified at a later date as to the exact location of the hearing in Islip, 

New York. 

Attachment: Service List 

1 The Respondent's Request for Hearing provides an address of 1120 Fifth Ave. but gives no city, state, or zip code. 

It does provide a phone number with a 212 area code; the area code for New York, New York. 

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SERVICE LIST 

FDMS NO. FAA-2011-1006 

(Civil Penalty Action) 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0002 

Ms. Judith L. Vaughan, Esq. 

Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAJ(: 718-995-5699 

Ms. Kathleen A. Yodice, Esq. 

Respondent's Counsel 

Yodice Associates 

411 Aviation Way, Suite 245 

Frederick MD 21701 

TEL: 301-695-2300 

FAJ(: 301-695-2151 

Judge J.E. Sullivan 

U.S. 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: 202-366-2132 

FAX: 202-366-7536 

ONE COPY 

Mr. Clifford Press 

Respondent 

1120 Fifth A venue 

New York NY 10128 

TEL: 212-427-2323 

2 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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