V SERVED FEBRUARY 24, 2011 

^•"^ARTi^ENTOF 

U.S. DEPARTMENT OF TRANSPORTATION ^ vVSPQRTATION 

OFFICE OF HEARINGS '• • U:T OPERATIONS 

WASHINGTON, DC 

m\ FEB ?U P 2: 28 

IN THE MATTER OF 

CISCO AVIATION, LLC. 

FAA DOCKET NO. CPllSWOOOl 

(Civil Penalty Action) 

DMS No. FAA-2011-0060 

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 for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations^. 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the Complaint (14 C.F.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 of each allegation in the Complaint 

(§ 13.209(f)), and that, absent agreement of the 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, 14CFR§ 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 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

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

for viewing at http://www. regulations, gov. 

^ 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: 

http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc400/civiljenalty/; see 

also: http://ecfr.gpoaccess.gOv/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tabJ)2.tpl. In 

addition, Thomson ReutersAVest 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 
Under FAA Order 2150.3B md M 

Agency attorney and the Respondent {jti. 

|g0vife»ufiig these proceeding, the 

i ^ #C6nsider the possibilily of 

settlement and compromise of this ihatt^^P^^ipilliSlijfe may be effected witi or 

without a finding of violation (14 Crf^R.4i^[€jp (lY). 

ire; "Discovery" to be served on the 

1^ bl^a s this case is assigi^ to the 

a(jl«iquired, serve discovery on the 

NOTE: This presiding Jud^ 

Judge. Other Judges have different poUci^ 

undersigned presiding Judge the paiiie; 

undersigned. 

The judge will not discuss the case w ^ aoy party, or its representative on an ex 

parte basis. If a party has a non-sul^ttwfi^is^iSi^ to^#»c they should contoct the 

judge's attorney-advisor, Mr. Ira Leibowtz^^p ) 3<S6-2139 (Ira.Leibowitzf^t.gov). 

Administrative matters may be address0(tliK|Nli^g6f&, Legal Assistant^ Pat Matthews 

[202-366-5121] (Patricia.Matthews(^dot.gov). 

WHEREFORE, the parties hp a»^ai|||a|l35r <^PRE D to adhere to the 

following procedural schedule: 

1. Venue shall be Houston, TX.; 

2. On or before May 1,2011 

not limited to, depositions, (|o( 

requests and/or interrogatories, 

they shall submit the dispute to did 

manner; 

mmlJBdR all discovery in^pling, but 

;ioa^:.fesponses to prodtlf^iL 

i^i^eaoaot resolve a discov^^^inite 

far resoluticm in a teiely 

3. NOTICE IS HEREBY GIVEN theH|^idiattb e prepared to preseae ^ case 

at a hearing on or after May 1,201 l^j sidj|ect to the availability of couolroom 

facilities. *• 

4. The parties will have the op^i$w|}^||Ji|iKl^'^1^te^ briefs and a||^iMents 

pursuant to a schedule to be jieMlli^ii|^liei^ ^ For guidaiiQf,ip|l ' 

following schedule is typicaMyii3e(|£^!||^|^iii[ft shall file it&brief^^^<15) 

days after receipt of the tranlo; ^ ]p||p^$i^iiiU its brief fifterait|^iiiQrs 

thereafter; and any rebuttal brief by tils Cito^slainaiit shall be filed se\iiit^) 

days thereafter. 

5. Settled cases will not be removed fijpm tibi healing docket until the pr^ r 

writtenpleading(s), consistent witbi^^^c^ e tules,^ is received^^^iic 

presiding judge.^ u\ 

^ See Linda Joyce Goodman. FAA Docket l>fo. 6] 

" 14 C.F.R. § 13.221 states: "The administrttiWB 

the date, time and location of the hearing." 

^ 14 C.F.R. § 13.215 states: At any time be%eMi 

complaint or party may withdraw a request for a 

" p ^ «{u:h party at least m^f^m^ ^ of 

gipif^^ft^ency att(»Dey mi^<S^^|i»i« a 

tiw consent of the adminisiri^ lem. 
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 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 shall reflect the manner of service. 

vichara C. Goodwm 

U.S. Administrative Law Judge 

Attacliment - Service List 

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 February 26, 2005; citmg Kerry James Eldridge. FAA 

Docket CP89GL0458, "Order Canceling Hearmg and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-I4236., Orders 

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

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15,2005. 
FAA Docket No. CPl 1 SWOOOl 

(Civil Penalty Action) 

SEimCE 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 

George E. Crow, Respondent's Counsel 

Law Office of George E. Crow 

Aviation Law Firm 

P.O. Box 30 

Katy, TX 77492-0030 

TEL: 281-391-9275 

Clyde E Barton, Manager 

Cisco Aviation, LLC 

16055 Space Center Blvd., Suite 235 

Houston, TX 77062-6212 

Yolanda Ayala Bernal, Complainant's Counsel 

Attorney, Safety Enforcement Branch 

Office of the Regional Counsel 

Southwest Region, ASW-7E3 

Federal Aviation Administration 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

TEL: 817-222-5070 

FAX: 817-222-5945 or 5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12^320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 202-36#512I Legal Assistant FAX: 202-366-7536 

' Service was by U. S. Mail. For service in person or by e^qpedited courier, use the following address: Federal 

Aviation Administration, 800 Independence Avenue, S.W., Wilbur Wright Building—Suite 2Wl600, Washington, 

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