SERVED: AUGUST 1, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

LARRYW. SCHWIE 

DOCKET NO. FMCSA-2011 - 0027 

(Federal Motor Carrier Safety Administration) 

ERRATA 

; ~----- ; 

The Procedural Order served July 29, 2014, was served using an incorrect service list. A 

copy of the original Procedural Order with a corrected service list is attached. 

Richard C. Goodwin 

Administrative Law Judge 

Attachments-Procedural Order, Service List 

1 ; • 

: l·.-. 
SERVICE LIST 

ORIGINAL & ONE COPY 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

ONE COPY 

Larry W. Schwie, Respondent 

N2239 County Highway JJ 

Stockholm, WI 54769 

Larry W. Schwie, Respondent 

5292 Ashar Drive 

Bloomington, MN 55437 

Peter Hines, Complainant's Counsel 

Office of Chief Counsel (MC-CCE) 

Federal Motor Carrier Safety Administration 

Midwestern Service Center 

4749 Lincoln Mall Drive, Suite 300 

Matteson, IL 60443 

TEL: 708-283-3568 

FAX: 708-283-2319 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

2 

Docket No. FMCSA-2011-0027 
SERVED: JULY 29, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

LARRYW. SCHWIE 

DOCKET NO. FMCSA-2011- 0027 

(Federal Motor Carrier Safety Administration) 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter the parties shall comply with the 

Procedural Schedule set forth hereinbelow. The parties are encouraged to continue 

settlement negotiations 1

• 

The Rules of Practice for this proceeding are set forth in 49 C.F.R. Part 386, 

Subpart D, of the Federal Motor Carrier Safety Administration Regulations2

. 

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 to, serve discovery on 

the undersigned. 

The judge will not discuss the case with any party, or representative on an ex 

parte basis. 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1 "The public policy of favoring 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. I 988); Wright & Graham, Federal Practice and Procedure: Evidence, §5302 (1980). Rule 

408 of the Federal Rules of Evidence excludes from evidence all statements made in the course of 

settlement negotiations. 2 The Rules of Practice, as well as other materials relating to civil penalty cases, are available on the 

internet at: http://www. (mesa. dot. govlrules -

regulations/administrationl[mcsrl(mcsrguide. aspx?section tvpe=A; see also: 

http :1 lwww.fmcs a. dot. gov/rul es-regulati ons/ administration/fmcsr/FmcsrGuideDetails. as px? menukey = 3 8 6. 
1. Venue shall be St. Paul, MN.; 

2. On or before November 1, 2014, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses to 

production requests and/or interrogatories. If the 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 

November 1, 2014, subject to the availability of courtroom 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 

pursuant to a schedule to be determined at the hearing. For guidance, the 

following schedule is typically used: Complainant shall file its brief fifteen ( 15) 

days after receipt of the transcript; Respondent shall its brief fifteen ( 15) days 

thereafter; 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 rules,3 is received by the presiding 

judge. 

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. 

The parties are encouraged to provide email addresses in order to expedite 

service of pleadings. 

7. All documents are to be submitted to the undersigned as follows: 

3 49 C.F.R. § 386.22 governs settlement agreements and their contents. 49 C.F.R. § 386.51 (b) provides: 

"A party may withdraw his/her pleading any time more than 15 days prior to the hearing by serving a 

notice of withdrawal on the Assistant Administrator or the Administrative Law Judge. Within 15 days prior 

to the hearing a withdrawal may be made only at the discretion of the Assistant Administrator or the 

Administrative Law Judge. The withdrawal will be granted absent a finding that the withdrawal will result 

in injustice, prejudice, or irreparable harm to the non-moving party, or is otherwise contrary to the public 

interest. 
HON. Richard C. Goodwin 

U.S. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

Attn: Patricia Matthews 

Administrative matters should be directed to Patricia Matthews, Staff Assistant 

(202) 366-5121 at (Patricia.Matthews@dot.gov). The Judge's email is 

(Richard. Goodwin@dot. gov). 

All other matters should be addressed in writing/email to Judge Goodwin. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
SERVICE LIST 

ORIGINAL & ONE COPY 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

ONE COPY 

Larry W. Schwie, Respondent 

N2239 County Highway JJ 

Stockholm, WI 54769 

Larry W. Schwie, Respondent 

5292 Ashar Drive 

Bloomington, MN 55437 

Peter Hines, Complainant's Counsel 

Office of Chief Counsel (MC-CCE) 

Federal Motor Carrier Safety Administration 

Midwestern Service Center 

4749 Lincoln Mall Drive, Suite 300 

Matteson, IL 60443 

TEL: 708-283-3568 

FAX: 708-283-2319 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

2 

Docket No. FMCSA-2011-0027