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### SERVED: SEPTEMBER 8, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF GRANDE AVIATION, LLC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2014-0545

PROCEDURAL ORDER 

### In order to expedite the hearing in thismatter, the parties shall comply with the Procedural Schedule set forth hereinbelow1• 

### The Rules ofPracticefor this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. 

### 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 matter3

. 

### 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, 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.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) are 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://www.faa.gov/ about/office_orglheadquarters _offices/ agclpol_adjudicationl agc400/ civil _penalty/; see also: http:llecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title14114tab
_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. 3 "Thepublic policy offavoring and encouraging settlement makes 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 settlement negotiations. 

### 1Thejudge will not discuss the case with any party, orrepresentative on an ex partebasis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the partiesbe and are hereby ORDERED to adhere to the following procedural schedule: 

### 1. 2.

3.

4.



### 5.

6. Venue shall be Kansas City, MO.; On orbefore January 9, 2015, the parties shall conclude all discovery including, butnot limited to, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; Theparties shall be preparedto presentthis case at a hearing on or after January 9, 2015,4 subjectto the availability ofcourtroom facilities. The specific date andtime for the hearing will be forthcoming in a separate Order. 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 after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefbythe Complainant shall be filed severi (7) days thereafter. Settled cases will notberemoved from the hearing docket until the proper writtenpleading(s), consistent w:ith the applicable rules, is received by the presidingjudge.5 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 notrequired, to file submissions by private delivery service, facsimile, or email. The
4 14 C.F.R. § 13.215 states: "Atany time before or during 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."
. 5 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 2

### certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service ofpleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

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### SERVICE 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



### KentS. Jackson, Respondent's Counsel 

### 21628 Midland Dr. Shawnee, KS 66218 TEL: 913-338-1700 FAX: 913-338-1755 ONE COPY



### Gayle E. Townsend, Complainant's Counsel 

### Federal Aviation Administration Central Region ACE-7 DOT Building, Room 506 901 Locust St. Kansas City, MO 64106-2641 TEL: 816-329-3766 The Honorable Richard C. Goodwin,Administrative LawJudge 

### 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-2014-0545 (Civil PenaltyAction)

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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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