SERVED; FEBRUARY 24, 2012 

U.S. DEPARTMENT OF TRANSPORTATION . AV:,-rVn^--'r ninN!^-; 

OFFICE OF HEARINGS .V...>L -> -

WASHINGTON, DC i^a^Fy2 U P 3^0' 

IN THE MATTER OF 

ERICK ALBERTO MEDINA 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

'FDMS"NO;-'FAA-201.2-002 7 

PROCEDURAL ORDER 

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

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

are set i'orth in 14 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 with or 

without a Hnding of violation (14 C.F.R. s?13.l6 (n) (D). 

NOTE: This presiding .ludge does not require "Discovery" to be served on the 

Judge. Other .ludges have different policies, but as long as this case 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 parly,"* or its representative on an ex 

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

' Materials filed in the FAA Hearing Docket (except for materials tiled in securit>' cases) are also available 

for viewing at htlp://ww\v.rcg.ulatiom.^ov. 

' The Administrator's civil penalty 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: 

hnp://wwwjaa.go\'/ahout/ofj)cejv-g/headquartersj}ffices/ugc/po!jidjid^ see 

also: bilp://ecfr.gpoaccx'ss.gov/cgl/t/iexl/icxl-idx:/c=ecfrd-(p/=/ccfrhrou^^^ In 

addition, Thomson Reuters/West Publishing publishes Federal .Aviaiion Decisions. Finally, the decisions 

are available through LEXIS (TRANS librar>') and Westlaw QFTRAN-I-AA database). For additional 

information, see the Web site. 

-' See Linda Jovce 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 tbster frank discussions". (Fiberglass Insulators, Inc. v Dupuy. et al, 

(856F.2d652.26Fed. R. Evid. Serv. 1225. 1988. See also Coakley & Williams Conslruclion, 

Incori^orated v Stmctural Concrete Equipment, incorporated, 973 F.2d 349, 1992; 2 McCorniick on Evid. 

.§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

1 
3. 

judge's attomey-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz(gi.dot.fiov). 

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

[202-366-5121] fPatficia.Matthews((fjdot.gov). 

WHEREFORE, the parties be and are hereby ORDERED (o adhere to the 

following procedural schedule: 

1. Venue shall be Long Beach, CA.; 

2. On or before June 1, 2012, the pailies 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 tiinely manner; 

The parties shall be prepared to present this case at a hearing on or after 

June I, 2012^. subject to the availability of courtroom facilities. The 

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

Order. 

4. The parties will have the oppoilunity 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 (hereafter; and any rebuttal brief by the 

Complainant shall be filed seven (7) days thereafter. 

5. Settled cases will not be retxioved 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..." (!n the Matter of 

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

settleriient 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 adininisfratlve law judge shall give each party at least 60 days notice of 

the dale, time and location of the hearing." 

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. 

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

16379, "Order Terminating Proceeding", served Febniary 26, 2005; citing Kerry James Eldridge. FAA 

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

at \\ In The Matter ofRoben Harris FAA DockefNo. CPQ3EA0001. DMS No. FAA-2002-14256., Orders 

dated October 18, 2004 and October 27, 2004.USAIR, Inc.. FAA Docket CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GLQ085. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Koiko, served April 8, 1992, p. 2. See "Order Dismissing 
6. The parlies are advised thai submissions sent lo 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 tiiay take up to four (4) weeks to be delivered. 

Additionally, submissions may be "iiTadiated", 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 refiect the manner of service. 

U.S. Administrative Law Judge 

Attachment - Service List 

Complainant's Appeal". In The Matter of Robeit Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15.2005. 
FDMS No. FAA-2012-0027 

(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 

Erick Alberto Medina, Respondent 

427 E. Elk Avenue 

Glendale,CA 91205 

FAX: 818-552-2895 ATTN: Susana 

Lisa J. Toscano, Complainanf \s Counsel 

Attorney, Office of the Regional Counsel, AWP-7 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7110 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, AdmumiraUve Law Judge 

Office of Hearings, M-20 

U.S. Departtnent of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL; 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For scr\icc in person or by expedited courier, tise tlie following address: Federal 

Aviation Adniinistralioti. 600 Independence Avenue, S.W.. Wilbur Wrigtxt Building—Suite 2W1000, Waslungton, 

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