### SERVED: February 11, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF PETER JOHN ROSSICK, III DOCKETNO. FAA-2011-0065 (Civil Penalty Action)

PROCEDURAL ORDER In order to expeditethe hearing in this matter, the parties shall comply with the Procedural Schedule setforth hereinbelow1• The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, oftheFederal Aviation Regulations2

. Those rules provide, inter alia, thatthe Respondent must file a written Answer ormotion within thirty (30) days after service ofthe 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 ofeach allegation in the Complaint (§ 13.209(£)), andthat, 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 person filing an answer shall admit, deny, or state that the person is without sufficientknowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://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.gov/about/(~ffice**_orglheadquarters_offices/ age/pol_ adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgiltltext/text-idx?c=ecfr&tpl=/ecfrbrowse/Title14/ 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. 1Under FAA Order 2150.38 and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe 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. OtherJudges have differentpolicies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, orrepresentative on an ex parte basis. 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 Sacramento, CA.; 2. On or before June 1, 2015, the parties shall conclude all discovery including, but not limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after June 1, 2015\ subjectto 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 atthe hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days afterreceipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistentwiththe applicable rules,5 is received by the presiding judge. 6

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 ( 4 Cir. 1988); Wright & Graham, Federal Practice aniiProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and focation ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in order to getthe dates reservedon thejudge's calendar. 26. The parties are advisedthat submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conductedbythe U.S. Postal Service and/or other security agencies and may take upto four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. Theparties are encouraged, butnot required, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouragedto provide email addresses to expedite service of pleadings. 7. All documents are to be submittedto the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov) Administrative matters shouldbe directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All othermatters shouldbe addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge 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 for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminatingProceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at I.
3SERVICE LIST- BY U.S. MAIL 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 1

Peter John Rossick, III, Respondent 325 Greyhawk Court Vacaville, CA 95688 ONE COPY

YolandaAyalaBernal, Complainant's Counsel Federal Aviation Administration SouthwestRegion, ASW-7E3, YAB Office ofthe Regional Counsel 2601 Meacham Blvd., Room 663 Fort Worth, TX 76137 TEL: 817-222-5070 FAX: 817-222-5945/5092
The Honorable Richard C. Goodwin,Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2011-0065 (Civil Penalty Action)

1 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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

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