SERVED: FEBRUARY 5,**201~'** '1,j U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC IN THE MATTER OF GRANT AVIATION, INC. FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA- 2012- 1268 PROCEDURAL ORDER

-··"**~·)** 1:**~)**kf In order to expedite the hearing inthis matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1.The Rules of Practice for this proceeding are set forth in14 C.P.R. Part 13, Subpart G,ofthe Federal Aviation Regulations 2. Those rules provide, inter alia, that the Respondent must filea written Answer or motion within thirty (30) days. after service ofthe Complaint (14 C.P.R. § 13.209(a)), thata general denial is deemed a failure tofilean Answer (§13 .209( e)), that failure tofile an Answer without good cause is deemed an admission of each allegation inthe Complaint (§13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time must filea 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 CPR§ 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficient knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint thatis not specifically denied inthe answer may be deemed an admission ofthe truth of 1 Materials filed inthe FAA Hearing Docket (except for materials which are sealed) also available for viewing at !J.ttP..i!..lfJBJM:'.(}gylqti9.ll:§,ggp"' For additional information see: !J.ttP..i!.dm§ ... dQt,g.Q.Y.· 2The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules of Practice, as well as other materials relating to civil penalty cases, are available onthe internet at: http://wwwfaa.gov/about/ office_ orglheadquarters _offices/age/pol_ adjudicationlagc400/civil yenaltyl; see also: http://ecfr.gpoaccess.gov/cgi/tltextltext-idx? c=ecfr&tpl=lecfrbrowse!Title 14114tab _0 2.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. 1that allegation. A general denial ofthe complaint is deemed a failure tofile 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. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). NOTE: This presiding Judge does not require "Discovery" be served on the Judge. Other Judges have different policies, butas long as this case is assigned tothe undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned. The judge will not discuss the case with any party, or representative onan ·5lli parte basis. Ifa party hasa bon-substantive matter to discuss, they should contact Mr.

Ira Leibowitz, Attorney/Advisor (202) 366-2139**(J.!:~J.&.iQQYY.it&.@QQt..&Q.Y.).** Administrative matters may be addressed to Staff Assistant, Pat Matthews [202-366- 5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere tothe following procedural schedule: 1. Venue shall be Anchorage, AK.; 2. Onor before June 7,2013,the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute tothe undersigned for resolution ina timely i:nanner; 3. The parties shall be prepared to present this case ata hearing onor after June 7, 2013 4, subject tothe availability of courtroom facilities. The specific date and time for the hearing will be forthcoming ina separate Order. 4. The parties will have the opportunity tofile Post-Hearing briefs and arguments pursuant toa schedule tobe determined atthe hearing. For guidance, the following schedule is typically used: Complainant shall file its brief fifteen (15) days after receipt ofthe transcript; Respondent shall its brief fifteen (15) days 3 "The public**p~li~y** of_favoring and**encour~gin_g sett~ement** **~akes** necessary the inadmissibility of settlement negotiations m order to foster frank d1scuss1ons". F1berglass Insulators. Inc.v Dupuy, 856F.2d 652, 653 (4Cir. 1988); Wright & Graham, Federal Practice and Procedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made inthe course of settlement negotiations. 4.14 C.F.R. § 13.221 states: "The administrative law judge 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 order toget the dates reserved onthe judge's calendar. 2thereafter; and any rebuttal brief by the 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 mles, 5is received by the presiding judge. 6 6. The parties are advised that submissions sent to 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 may take upto four (4) weeks tobe 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 shall reflect the manner of service. The parties are encouraged to provide email addresses to expedite service of pleadings. 1 <:···· ........**,,,~---** ··"''"';; _....., .......:::_<:·./ i' ''\ ......... t----·-r;,/ <...,r.J.../....:..._)....**~**.....L.- \

("' .**.;,.,~."'** t**<.J·<.l·<·::.~** ......:..V:.(._,..**~ Ot.~(LA.U\.,.,.,)**  Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List 514 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 fora hearing Without the consent ofthe administrative**la~** judge. Ifan agency attorney withdraws the complaint ora party Withdraws the request fora hearing and the answer, the administrative law judge shall dismiss the proceedings under this subpart With prejudice." 6 See: Inthe Matter of Lewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kem James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, atI. 3SERVICE 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 2Wl000 1 Brent R. Cole, Respondent's Counsel

Law Office of Brent R. Cole, P.C.

821 N Street, Suite 208 Anchorage, AK 99501 TEL: 907-277-8001 FAX: 907-277-8002

ONE COPY Glenn H. Brown, Complainant's Counsel Senior Attorney, Office of the Regional Counsel Alaskan Region Federal Aviation Administration 222 W. 7th Avenue #14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800

The Honorable Richard C. Goodwin, Administrative Law Judge Office ofHearings, M-20

U.S. Department of Transportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Staff Assistant FAX: 202-366-7536

FDMS No. FAA-2012-1268 (Civil Penalty Action) 1. Service was by U.S. Mail. For service in person 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