### Served: MARCH 1, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### BRADLEY L. GOOD
FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action)
FDMS NO. FAA-2013- 0043·



### PROCEDURAL ORDER 

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## 2:: 3b

In.orderto expedite thehearing inthis matter; the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation**Regulations ~**  . Those rules provide, inter alia, that the Respondent must file a written Answer ormotion within thirty (30) days after service ofthe Complaint (14 C.P.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 seeking 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 thatthe person is without sufficient knowledge orinformation to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied inthe answer may be deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing athttp://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:llwww.faa.govl about/ office_orglheadquarters _offices/ agc!pol_adjudicationl agc4001civil yenaltyl; see also: http://ecfr.gpoaccess.gov!cgiltltext/text-idx?c=ecfr&tpl=lecfrbrowse/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. 

### 1',,

that

### ~llegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B andthe Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to consider the possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a**fin~ing** ofviolation (14 C.F.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, or representative on an_ex parte basis. Ifa party has a non-substantive matterto discuss, they should contact Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be 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 Los Angeles/Long Beach, CA.; 2. On orbefore May 1, 2013, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to presentthis case at a hearing on or after May 1, 2013\ 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 hearhig. 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 settlementmakes necessary the inadmissibility of settlement negotiations in order to 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 of settlementnegotiations. 4 14 C.F.R. §**1~.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 get the dates reserved on thejudge's calendar. 2._........ thereafter; and any rebuttal briefbythe 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 with the applicable rules, 5is received bythe presiding judge. 6
6. The-parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted bythe U.S. Postal Service and/or other security agencies and maytake 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 reflectthe manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. ·

Richard C. Goodwin U.S. Administrative LawJudge 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 or party 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 fora hearing and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpart withprejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1.
3i



### SERVICE LIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue,

## ·s.w. Washington, DC 20591 Attention: · Hearing Docket Clerk, AGC-430 WilburWright Building-Suite2W1000 1



### Michael Shannon, 

### Respondent's Counsel 301 E. Colorado, Suite 320 Pasadena, CA 91101 Bradley Lawrence Good, 

### Respondent 385 E. Green St, #2611 Pasadena, CA 91101 TEL: 818-726-2101 EMAIL: bgood@ourgroup.org Lierre Green, 

### Complainant's Counsel ONE COPY

Attorney, Office ofthe Regional Counsel (AWP.;.7.6) Western Region Federal Aviation Administration P.O. Box 92007 Los Angeles, CA 90009 TEL: 310-725-7117 FAX: 310-725-6816 The Honorable Richard C. Goodwin,

### Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation· 1200 NewJersey 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-2013-0043 (Civil Penalty Action)

1 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 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

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