### SERVED: OCTOBER 5, 2012

U.S. DEPARTMENT OF TRANSPORTATION 

### OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

## VINCENT R. BROWN FAA DOCKETNO. [fODE ASSIGNED] (Civil Penalty Action} FDMS NO. FAA·2012-0906

PROCEDURAL ORDER 

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## OCT

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In order to expedite the hearing inthis matter,the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Those rules provide, inter alia, thatthe Respondent must file a written Answer or motion 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 inthe Complaint (§13.209(£)), and that, absent agreement oftheparties, 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 informationto admit or deny, eachnumbered paragraph. ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied inthe answer maybe deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file 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

1Materials filed inthe FAA Hearing Docket (except for materials filed in security cases) are also available for viewing athttp://www.regulations.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/ office_org/headquarters_offices/ age/pol_aqjudicationl agc400/ civil _penalty/; see also: http://ecfr.gpoaccess.gov!cgi/t/textltext-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 (FTRAN-FAA database). For additional information, see the Web site. 1

### 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" to be served on the

.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, serve discovery onthe undersigned. Thejudgewill not discuss the case with any party,4 

### or its representative on an**~** 

### parte basis. Ifa party has a non-substantive matterto discuss, they should contact Mr. Ira Leibowitz at (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 Sacramento or San Francisco, CA., depending on the availability ofcourtroom facilities; 2. On or before January 4, 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 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 January 4, 2013 5
, 

### 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 hearing. 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 thereafter; and any rebuttal briefby the Complainant .shall be filed seven (7) days thereafter.

3 See Linda Joyce Goodman, FAADocketNo. CP89WP0061, Order dated May 30, 1989. 4 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". (Fiberglass Insulators. Inc. v Dupuy, et al, (856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick onEvid. §266 (6th ed.); Rule 68 ofthe Federal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of Evidence "

...prohibits the admission ofstatements made in compromise negotiations

..." (Inthe Matter of Africa Air Corporation, FAA OrderNo. 99-5). "Rule 408's public policypurpose ofencouraging frank settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, its guidance will be followed inthese proceeds." (ld.) 5 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." 

### 25. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,6 is received bythe presiding judge. 7 6. Theparties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, 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 ofsubmissions. The parties are encouraged, but not required, to file submissions byprivate delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

Attachment

- Service List

# £<~C.~~ Tchard C. Goodwin ' U.S. Administrative LawJudge

6 14 C.P.R. § 13.215 states: At any time before orduring a hearing, an agency attorney may withdraw a complaint orparty 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. 7 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 

### 3

### 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 1



### Vincent R. 

### Brown 5637 Glen Oaks Drive Rocklin, CA 95765 Kate Barber, 

### Complainant's Counsel Attorney, Office ofRegional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-8275 FAJ{: 847-294-7498 ONE COPY



### The Honorable Richard C. Goodwin,

### Administrative LawJudge
· Office ofHearings, M-20

U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor· 202-366-5121 StaffAssistant FAJ{: 202-366-7536 FDMS No. FAA-2012-0906 (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., WilburWright Building-Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

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